BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130001438
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 Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states he deployed abroad in support of Operation Enduring Freedom - Philippines during the period 5 May - 25 June 2003. He contends that the duration of the deployment was over the required 30 days to be eligible for both awards.
3. The applicant provides:
* DD Form 214
* DD Form 1610 (Request and Authorization for TDY [temporary duty] Travel of DOD Personnel)
* Defense Finance and Accounting Service (DFAS) Travel Voucher
* travel itinerary
* lodging receipts
* letter of commendation
* Noncommissioned Officer Evaluation Report
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 21 January 2000.
3. The DD Form 1610, dated 28 April 2003, shows he was authorized to depart in a TDY status from Fort Shafter, Hawaii to the Philippines with a departure date of 5 May 2003. The DD Form 1610 also shows the purpose of the TDY was in support of Operation Enduring Freedom - Philippines.
4. The DFAS Travel Voucher confirms he served in the Philippines in a TDY status during the period 5 May - 25 June 2003 (52 days).
5. He was honorably released from active duty on 20 January 2004. His
DD Form 214 does not show the GWOTEM or the GWOTSM.
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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. 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 the Philippines.
b. The 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 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. Evidence shows he served a period of qualifying service in an AOE for award of the GWOTEM. Therefore, this award should be added to his DD Form 214.
2. He also served a period of active duty that makes him eligible for the GWOTSM. This award should also be added 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 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 amending his DD Form 214 by adding the Global War on Terrorism Expeditionary Medal and the 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) AR20130001438
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130001438
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018604
Therefore, her records should be corrected to show deployment in Israel in item 18 of her DD Form 214. The applicant was deployed to Israel from 7 January to 30 April 2003 in support of Operation Enduring Freedom and Operation Iraqi Freedom. The evidence of record also shows the applicant was on active duty on 11 September 2001 for more than 30 days; therefore, she is eligible for award of the GWOTSM and correction of her DD Form 214 for the period to show this award.
ARMY | BCMR | CY2014 | 20140015910
The applicant provides: * DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel for DOD Personnel) * DD Form 1351-2 (Travel Voucher or Sub-Voucher) * All Army Activities Message, dated 17 March 2004 * Officer Record Brief * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Therefore, he served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal and his DD Form 214 should be corrected to show it. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120020961
Application for correction of military records (with supporting documents provided, if any). With respect to the Combat Action Badge: a. Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria,...
ARMY | BCMR | CY2010 | 20100025506
Application for correction of military records (with supporting documents provided, if any). 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. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have...
ARMY | BCMR | CY2008 | 20080007002
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 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...
ARMY | BCMR | CY2008 | 20080005361
Application for correction of military records (with supporting documents provided, if any). The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater. 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 one of the following criteria: (1) be engaged in actual combat against the enemy and under...
ARMY | BCMR | CY2008 | 20080014738
The applicant provides copies of unit orders to and from the Central Command area of operations with an accompanying personnel list; a Post Deployment Health Assessment (DD Form 2796); a Leave and Earnings Statement (LES), dated March 2003; a Personnel Action (DA Form 4187) approving his early return to the United States on 15 July 2003; and his DD Form 214. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for...
ARMY | BCMR | CY2008 | 20080011540
The memorandum also shows the applicantÂ’s unit commander stated that he was approved for award of the Shoulder Sleeve Insignia, the Global War on Terrorism Expeditionary Medal, and one Overseas Service Bar. The evidence of record also shows the applicant was approved for award of the Shoulder Sleeve Insignia. The evidence of record shows the applicant served in support of Operation Enduring Freedom from 10 February to 6 July 2003, a period of 4 months and 26 days.
ARMY | BCMR | CY2008 | 20080013134
The applicant's service record shows he served in Italy and completed 1 year, 11 months, and 21 days of foreign service. However, there is no evidence of record available which indicates the applicant served in military operations in support of Operation Enduring Freedom or Operation Iraqi Freedom while in Turkey and his military pay records do not show he received IDP for service in Turkey. Therefore, there is insufficient evidence on which to base correction of the applicant's records to...
ARMY | BCMR | CY2011 | 20110020231
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). 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. Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United...