IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110020231
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 period ending 3 September 2003 to show the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. He states he deployed to Kuwait during Operation Iraqi Freedom from March through August 2003.
3. He provides his DD Form 214 in question.
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 applicant's military records show he entered active duty from the U.S. Army Reserve in support of Operation Enduring Freedom on 29 January 2003.
3. He was released from active duty on 3 September 2003 and transferred back to a U.S. Army Reserve troop program unit.
4. Item 18 (Remarks) of his DD Form 214 for this period of active duty shows he served in Kuwait from 26 May to 8 August 2003.
5. This DD Form 214 does not show the GWOTEM or the GWOTSM.
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.
a. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.
b. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.
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 have participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, 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 applicant's DD Form 214 for the period ending 3 September 2003 shows he served in Kuwait from 26 May to 8 August 2003 in support of Operation Enduring Freedom, which is a qualifying period of service that entitles him to the GWOTEM. Therefore, it would be appropriate to correct his DD Form 214 to show the GWOTEM.
2. His DD Form 214 for the period ending 3 September 2003 shows he served during a qualifying period of service that entitles him to the GWOTSM. Therefore, it would be appropriate to add the GWOTSM 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 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 the GWOTEM and GWOTSM to his DD Form 214 for the period ending on 3 September 2003.
_______ _ __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) AR20110020231
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ABCMR Record of Proceedings (cont) AR20110020231
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