IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110011003
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the ending period 2 August 2003 to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and any other medals he may have earned.
2. The applicant states the GWOTEM was omitted from his DD Form 214 after returning from Jordan in support of Operation Enduring Freedom (OEF).
3. The applicant provides his DD Form 214 and DD Form 214 (Worksheet).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the North Carolina Army National Guard on 27 October 1997. On 2 February 2003, he was ordered to active duty in support of OEF. The applicant was released from active duty on 2 August 2003.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the GWOTEM or the Global
War on Terrorism Service Medal. Item 18 (Remarks) shows the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302//BLOCK 25: ORDERS NUMBER 020-031, 20030130//SERVICE IN JORDAN 030404-030702//."
4. On 29 July 2011, the Defense Finance and Accounting Service confirmed the applicant served in a combat zone and received hostile fire pay in Kuwait for the period 4 April 2003 through 2 July 2003.
5. Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.
6. Initial award of the GWOTEM was limited to service members deployed abroad in OEF and Operation Iraqi Freedom in a number of designated specific geographic AOE, including Jordan.
7. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTSM, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 shows he served in Jordan in support of OEF during the period 4 April 2003 through 2 July 2003. Therefore, he is entitled to the GWOTEM. He also met the eligibility criteria for award of the GWOTSM. These awards should be added to his DD Form 214.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 to add the GWOTEM and GWOTSM.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110011003
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ABCMR Record of Proceedings (cont) AR20110011003
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