IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018138
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) to show the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states he was deployed to Kuwait from 19 August 2002 through 16 October 2002 and he should have received the GWOTEM.
3 The applicant provides his DD Form 214, flight records, and deployment orders.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows that while serving as a member of the Oregon Army National Guard (ORARNG), on 28 May 2002 he was ordered to active duty in support of Operation Enduring Freedom (OEF).
3. On 19 August 2002, the applicant deployed to Kuwait where he served for
1 month and 28 days until 16 October 2002.
4. On 21 May 2003, the applicant was honorably released from active duty after completing 11 months and 24 days of active military service. The DD Form 214 he was issued at the time does not include the Global War on Terrorism Service Medal (GWOTSM) or the GWOTEM as authorized awards.
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states:
a. in paragraph 2-18, the GWOTEM it is authorized to members who are deployed in support of Global War on Terror operations to a qualifying area of eligibility (AOE) from 11 September 2001 to a date to be determined. In order to qualify a member must serve 30 consecutive days or 60 non-consecutive days in a qualifying AOE. Kuwait is a qualifying AOE.
b. in paragraph 2-19, the GWOTSM is authorized to members who have participated in the GWOT operations outside of a designated AOE during the period 11 September 2001 to a date to be determined. To be eligible a member must serve 30 consecutive or 60 non-consecutive days outside of a designated AOE.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the GWOTEM should be added to DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant was deployed to Kuwait, a qualifying AOE, and he served there for more than 30 consecutive days. Therefore, his DD Form 214 should be corrected to show this award.
2. The evidence of record also confirms the applicant served in support of GWOT operations outside of a designated AOE for more than 30 consecutive days between 28 May and 19 August 2002. As a result, he is also entitled to the GWOTSM. Therefore, it would also be appropriate to correct his DD Form 214 to show this award.
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 adding to his DD Form 214 the:
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
___________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) AR20110018138
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110018138
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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