IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012672
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 Global War on Terrorism Service Medal (GWOTSM) and Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states he served in Kosovo in 2001 and in Bulgaria in 2002 and is entitled to award of the GWOTSM and GWOTEM.
3. The applicant provides copies of his DD Form 214 and Wikipedia articles regarding the GWOTSM and GWOTEM. He also indicates he is including copies of orders to the area; however, they were not attached to his application.
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 Regular Army on 12 January 2000 for a period of 4 years, training as an electrician, and assignment to Europe. He completed one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Germany. He was advanced to pay grade E-4 on 1 December 2001.
3. He completed his tour of duty in Germany and was transferred to Fort Polk, Louisiana, on 1 July 2002. He was honorably discharged on 29 January 2003 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), due to disability with severance pay. He completed 3 years and 18 days of active service. His DD Form 214 issued at the time of his discharge shows he was awarded the Kosovo Campaign Medal, Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and North Atlantic Treaty Organization Medal.
4. On 15 October 2008, the U.S. Army Human Resources Command (HRC) issued a DD Form 215 (Correction to DD Form 214) adding award of the GWOTSM to his DD Form 214 for the period ending 29 January 2003. Accordingly, the issue of award of the GWOTSM will not be discussed further in this Record of Proceedings. A copy of the DD Form 215 will be provided to the applicant.
5. In the processing of this case information was received from t the Defense Finance and Accounting Service (DFAS) indicating the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion during the period 9 January-16 February 2001 for service in Macedonia.
6. A review of his official records failed to show evidence of the applicant having made a deployment in 2002.
7. 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 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 50 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.
8. Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time; or (3) service members participating as a regularly-assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the GWOTEM.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he deployed to Bulgaria in 2002 and is entitled to award of the GWOTEM is not in doubt, the evidence of record and the evidence submitted with his application fails to show that he, in fact, deployed to Bulgaria.
2. Therefore, in the absence of sufficient evidence to show his deployment, there appears to be no basis to award him the GWOTEM at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20120012672
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120012672
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