BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110012635
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 record to remove the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. He states he received a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Bronze Star Medal (BSM) and NATO Medal. The DD Form 215 also added the GWOTEM, which was not correct. He had asked about the medal when he submitted his request to add the other two awards, but did not ask that it be included. He has since learned that, because he received the Afghanistan Campaign Medal (ACM), he is not eligible for the GWOTEM.
3. He provides his DD Form 214, a DD Form 214C (Certificate of Release or Discharge from Active Duty (Continuation Sheet)), and a DD Form 215.
CONSIDERATION OF EVIDENCE:
1. The applicant took the oath of office as an officer of the Army of the United States on 28 May 1989. He entered active duty on 4 July 1993, serving in the Judge Advocate General's Corps (JAGC) until he was released from active duty (REFRAD) on 26 January 2000. He is currently serving as a JAGC Lieutenant Colonel/O-5 in the U.S. Army Reserve.
2. On 10 March 2010, the U.S. Army Human Resources Command, St. Louis, MO, issued Orders A-03-007430 ordering him to active duty on 13 March 2010 in support of Operation Enduring Freedom (OEF) with duty in Afghanistan.
3. His record includes a DD Form 214 showing he served on active duty from 13 March 2010 until he was honorably REFRAD on 12 March 2011.
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Afghanistan Campaign Medal (ACM) with one Campaign Star. Item 13 does not show the Global War on Terrorism Service Medal (GWOTSM).
b. Item 18 (Remarks) shows he served in Afghanistan from 20 March 2010 to 6 February 2011.
4. A DD Form 215, dated 3 June 2011, corrected item 13 of his DD Form 214 for the period ending 12 March 2011 by adding the BSM, NATO Medal, and GWOTEM.
5. A review of his record does not show he served in support of OEF on foreign land, water or air space outside of Afghanistan.
6. 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 the 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 fifty 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. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.
7. Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of OEF. The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. During the period 24 October 2001 to 28 February 2005, members were eligible for award of the GWOTEM for service in the area for which the ACM was subsequently authorized.
8. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, ACM, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The available records show the applicant was properly awarded the ACM for his service in Afghanistan in support of OEF. His record is void of documentation showing he completed service that made him eligible for the GWOTEM.
2. However, he is eligible for the GWOTSM, which is not shown on his DD Form 214. It appears the office that created his DD Form 215 may have intended to correct his record to show the GWOTSM and mistakenly entered the GWOTEM.
3. It would be appropriate at this time to issue a DD Form 215 deleting the GWOTEM and adding the GWOTSM to his DD Form 214 for the period ending 12 March 2011.
BOARD VOTE:
___x_____ __x______ _____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 issuing a DD Form 215 to correct his DD Form 214 for the period ending 12 March 2011 by deleting the GWOTEM and adding the 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) AR20110012635
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ABCMR Record of Proceedings (cont) AR20110012635
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