IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120000620 


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 following medals:

* Afghanistan Campaign Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM) 

2.  The applicant states he earned the above medals; however, he left active duty before the awards were available.  His DD Form 214 shows he was assigned to areas that would qualify him for the above awards.

3.  The applicant provides a copy of 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, a U.S. Army Reserve sergeant first class, was on active duty from 15 October 2002 to 14 October 2003.

3.  His DD Form 214 for the period ending 14 October 2003, item 18 (Remarks), shows he was in: 

* Qatar – repeatedly – in various locations a total of 49 days, which includes a period from 9 November through 9 December 2002
* Kandahar, Afghanistan – 1 day and 2 days
* Kabul, Afghanistan – 1 day
* Bagram, Afghanistan – 2 days
* Baghdad, Iraq – 10 days
* United Arab Emirates – 2 days   

4.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  The basic criteria for the Afghanistan Campaign Medal, Iraq Campaign Medal, and/or the GWOTEM is service in direct support of operations in the respective geographic area of eligibility (AOE) while assigned, attached, or mobilized for 30 consecutive days or 60 non-consecutive days or meet one of the following criteria: 
   
   (1)  engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties;

   (2)  was wounded or injured and evacuated from the AOE; and

   (3)  was wounded or injured and evacuated while a regularly assigned air crewmember flying sorties in direct support of the military operations in the AOE.
   
   b.  The Afghanistan Campaign Medal AOE encompasses all the land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined.
   
   c.  The Iraq Campaign Medal AOE is the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The period of eligibility is on or after 19 March 2003 to 31 December 2011.
    
   d.  Initially award of the GWOTEM was limited to service members deployed abroad, on or after 11 September 2001 to a date to be determined, in Operations Enduring Freedom and Iraqi Freedom in the AOE:  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific global war on terrorism operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE.

   e.  The GWOTSM is authorized for 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.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant qualifies for the GWOTEM for either his 31-day stay in Qatar or for 60 non-consecutive days in the AOEs.

2.  However, absent evidence that he actually participated in combat operations or was wounded or injured under qualifying conditions he does not appear to have qualified for award of either the Iraq Campaign Medal or the Afghanistan Campaign Medal.

3.  The applicant qualified for the GWOTSM by serving in an active duty status after 11 September 2001.

4.  In view of the foregoing findings and conclusions, it would be appropriate correct the applicant’s records as recommended below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the following awards to those already listed on his 14 October 2003 
DD Form 214: 

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to authorizing the Iraq Campaign Medal and/or the Afghanistan Campaign 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)                                         AR20120000620



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ABCMR Record of Proceedings (cont)                                         AR20120000620



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