IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022373 


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:

* Meritorious Service Medal (MSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM) in lieu of the Overseas Service Ribbon (OSR)

2.  The applicant states he served in Guantanamo Bay, Cuba/JTF-160 – GTMO, that should qualify him for the GWOTEM.  Additionally, the award of the MSM was never added to his DD Form 214.

3.  The applicant provides:

* DD Form 214
* MSM Certificate
* US. Army Human Resources Command (HRC) website printout regarding the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM)

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 requested that the MSM be added to his DD Form 214.  On
10 January 2004, the applicant applied to this Board for correction of his
DD Form 214 to show his award of the MSM.  On 28 April 2004, the Army Review Boards Agency Support Division in St. Louis, MO advised the applicant that his DD Form 214 was being administratively corrected to show his award of the MSM.  As a result, a DD Form 215 (Correction to DD Form 214) corrected his DD Form 214 for the period ending 16 July 2003 to show this award.  A copy of the above document will be provided for the applicant's records.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was appointed as a Reserve commissioned officer and executed an oath of office on 18 February 1997.  He entered active duty on
11 June 1999.

4.  He served in a variety of assignments, including a 6-month deployment to Guantanamo Bay, Cuba, from 20 September 2002 to 8 March 2003.

5.  On 16 July 2003, he was honorably released from active duty at the completion of required active service in the rank/grade of captain (CPT)/O-3.  The DD Form 214 he was issued at the time shows in:

* Item 12f (Foreign Service) the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* OSR
* 
Item 18 (Remarks) the entry "SOLDIER SERVED IN GUANTANAMO BAY CUBA FROM 20020920 UNTIL 20030308"

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty 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.

	b.  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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations, including Guantanamo Bay, Cuba, for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (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; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

	c.  The OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

7.  Army Regulation 635-5 (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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214, and

	b.  Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

8.  The Joint Federal Travel Regulation (JFTR) prescribes the overseas tour length for DoD members.  It indicates that the minimum tour length for Guantanamo Bay is 18 months and JFT-GTMO is 12 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Guantanamo Bay, Cuba/JFTR-160 – GTMO for a period of 5 months and 17 days from 20 September 2002 to 8 March 2003.  
Therefore, he is entitled to correction of item 12f of his DD Form 214 to show this foreign service.

2.  Regarding the applicant's contention that he was awarded the OSR in lieu of the GWOTEM, it is apparent that the OSR was entered on his DD Form 214 in error since he did not meet the minimum tour length for either location in Cuba.  Therefore, it would be appropriate at this time to remove the OSR from his
DD Form 214.

3.  However, based on his service in Guantanamo Bay/JTF-160 – GTMO, Cuba, a designated AOE, he is also entitled to the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Furthermore, he served during a qualifying period of service for entitlement to the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

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 from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  05  17"
* deleting from item 13 of his DD Form 214 the Overseas Service Ribbon
* adding to item 13 of his DD Form 214 the:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service 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)                                         AR20120022373



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ABCMR Record of Proceedings (cont)                                         AR20120022373



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