IN THE CASE OF:  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130003441 


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 awards:

* Army Achievement Medal (AAM)
* Global War on Terrorism Service Medal (GWOTSM)
* Afghanistan Campaign Medal (ACM)
* Kosovo Campaign Medal (KCM)
* North Atlantic Treaty Organization (NATO) Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)

2.  The applicant states the awards should have been noted on his records.  He contends that he was not given time to review his records prior to his discharge.  

3.  The applicant provides:

* DD Form 214 
* AAM Certificate
* Certificate of Achievement 
* NATO Medal Certificate 
* Wartime Service Memorandum for Operation Enduring Freedom (OEF)

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not provide additional evidence or argument.

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 13 March 2001.  He was awarded military occupational specialty 13B (Cannon Crewmember) upon completion of initial entry training.  

3.  A NATO Medal Certificate shows he was awarded the NATO Medal for service with NATO during operations in relation to Kosovo for the period 
6 November 2001 to 17 May 2002 (6 months and 12 days).

4.  An AAM Certificate shows he was awarded the AAM by 10th Mountain Division Order Number 04-04, dated 4 February 2003, for service during the period 29 November - 22 December 2002.  

5.  A Wartime Service Memorandum for OEF indicates he served in Afghanistan in support of OEF during the period 19 August - 12 October 2003 (1 month and 24 days).  

6.  He was discharged on 19 November 2003.  His DD Form 214 shows in:

	a.  block 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service;

	b.  block 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

	c.  block 18 (Remarks) does not show any deployment data.

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

	a.  The ACM is awarded to members who have served in direct support of OEF.  The area of eligibility (AOE) 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 11 September 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 – 30 June 2011)
* Transition I (1 July 2011-date to be determined)

	b.  The KCM is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign AOE.

	c.  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, ACM, or Iraq Campaign Medal (ICM).  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.

	d.  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 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 Kosovo (only specific global war on terror operations not associated with operations qualifying for the KCM).  Under no condition will personnel or units receive the ACM, GWOTEM, GWOTSM, ICM, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

8.  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 provides standardized policy for preparation of the DD Form 214.  It states for:

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

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

	c.  block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms he was awarded the AAM and the NATO Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The evidence also shows he served in Afghanistan during the period 
19 August - 12 October 2003.  Therefore, he is authorized the ACM with one bronze service star and correction of his DD Form 214 to show this award.  

3.  Based on his service in Kosovo during the period 6 November 2001 to 17 May 2002, he is authorized the KCM and correction of his DD Form 214 to show this award.  

4.  He served a period of qualifying service for the GWOTSM.  This award should be added to his DD Form 214.  

5.  Based on his overseas service in Kosovo and Afghanistan, his DD Form 214 should be corrected to reflect the total amount of foreign service performed 
(8 months and 6 days) in block 12f and to document his deployments in block 18.


6.  In reference to the GWOTEM, his service in Kosovo and Afghanistan is considered qualifying service for the GWOTEM.  However, based on him receiving the KCM and ACM for this service, he is not authorized the GWOTEM for the same action, time period, or service.  Therefore, this portion of his request should be denied.  

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: 

	a.  replacing the current entry in block 12f of his DD Form 214 with the entry "0000  08  06;

	b.  adding to block 13 of his DD Form 214 the:

* Army Achievement Medal
* Afghanistan Campaign Medal with one bronze service star
* NATO Medal
* Kosovo Campaign Medal
* Global War on Terrorism Service Medal

	c.  adding the entries "SERVICE IN KOSOVO FROM 20011106-20020517" and "SERVICE IN AFGHANISTAN FROM 20030819-20031012" to block 18 of his DD Form 214.

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 the Global War on Terrorism Expeditionary 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)                                         AR20130003441



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ABCMR Record of Proceedings (cont)                                         AR20130003441



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