IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20110024997 


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 award of the Afghanistan Campaign Medal (ACM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states at the time he was honorably discharged from the Army, the GWOTEM was awarded for his combat service in Afghanistan.  He continues that recently he was made aware that those personnel who previously received the GWOTEM for Afghanistan service may elect to exchange it for the ACM.

3.  The applicant provides his 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 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 Washington Army National Guard (WAARNG) on
28 March 2003.  On 1 August 2003, he was ordered to active duty in support of Operation Enduring Freedom.

3.  On 25 July 2004, he was honorably released from active duty upon completion of his required active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for this period of service shows the:

* Bronze Star Medal
* Army Commendation Medal
* Marine Corps Good Conduct Medal
* National Defense Service Medal (2nd Award)
* GWOTEM
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Sea Service Deployment Ribbon (2nd Award)
* Combat Infantryman Badge
* Parachutist Badge
* Ranger Tab
* Second Class Diver Badge
* Scuba Diver Badge
* United States Navy Parachute Insignia

4.  Item 18 (Remarks) of his DD Form 214 shows he served in Afghanistan from 9 September 2003 to 6 June 2004.

5.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 27 March 2005 shows he was honorably discharged from the WAARNG and as a Reserve of the Army on 27 March 2005 at the expiration of his term of service.  He completed 2 years of net creditable service.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded this Period) of this form includes the GWOTEM.

6.  Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005, in an area for which the ACM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ACM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.


7.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of Operation Enduring Freedom (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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - 30 November 2009)
* Consolidation III (1 December 2009 - date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to have his DD Form 214 be corrected to show the ACM in lieu of the GWOTEM has been carefully considered and found to have merit. 

2.  His records show he served during a qualifying period of service for the ACM. No service member will be entitled to both medals for the same act, achievement, or period of service.  He participated in one campaign phase during his service in Afghanistan.  Therefore, since he requests the ACM in lieu of the already-awarded GWOTEM he is entitled to have the ACM with one bronze service star added to his DD Form 214 for the period ending 25 July 2004.

3.  The applicant's NGB Form 22 shows he was awarded the GWOTEM.  However, if he wants the GWOTEM entry deleted from his NGB Form 22 and replaced with the ACM with one bronze service star, he must request this action through the ARNG since he has this administrative option before resorting to this Board.

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: 

* deleting the GWOTEM from his DD Form 214 for the period ending         25 July 2004
* adding the ACM with one bronze service star to his DD Form 214 for the period ending 25 July 2004

  

      _______ _   _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)                                         AR20110024997





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ABCMR Record of Proceedings (cont)                                         AR20110024997



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