IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018331
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 award of the Global War on Terrorism Expeditionary Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he was deployed to Uzbekistan (UZ) from December 2002 to June 2003 in support of Operation Enduring Freedom. He exceeded the 30 consecutive day deployment requirement for this medal. The included documents establish his deployment in Karshi-Kahanabad, UZ, during the timeframe in support of Operation Enduring Freedom.
3. He provides:
* Officer Record Brief
* Officer Evaluation Report for the period 15 February 2002 through 10 July 2003
* DD Form 214
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 military record shows he was appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 30 May 1998. He entered on active duty the same day.
3. He was honorably released from active duty on 30 August 2008 and he was transferred to the USAR Control Group (Reinforcement).
4. Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not list the Global War on Terrorism Expeditionary Medal. Item 18 (Remarks) of this form does not show his deployment in UZ.
5. A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for following service in Uzbekistan from 7 December 2002 through 30 June 2003.
6. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal 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 service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 non-consecutive days in the area of eligibility (AOE), or meet other, specified criteria. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Uzbekistan.
7. Army Regulation 600-8-22 also states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)".
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the applicant participated in support of Operation Enduring Freedom and served in UZ from 7 December 2002 through 30 June 2003. Therefore, he is entitled to award of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal and their addition to his DD Form 214.
2. Item 18 of his DD Form 214 should also be corrected to show the entry, "Service in Uzbekistan from 20021207-20030630."
3. In view of the foregoing, his records should be corrected as recommended below.
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:
a. adding to Item 13 of the applicant's 2003 DD Form 214 the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal; and
b. adding to Item 18 of his DD Form 214 the entry, "SERVICE IN UZBEKISTAN FROM 20021207-20030630".
_______ _ 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.
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