IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007846
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 Expeditionary Medal (GWOTEM) instead of the Afghanistan Campaign Medal (ACM).
2. He states the ACM was annotated on his DD Form 214 upon his separation from active duty on 25 May 2005 and he was not given the option to elect the GWOTEM.
3. He provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and an excerpt from Army Regulation 600-8-22 (Military Awards).
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 Army National Guard on 22 July 1998. On 11 March 2004, he was ordered to active duty in support of Operation Enduring Freedom. He served in Afghanistan from 27 April 2004 to 29 April 2005. He was honorably released from active duty on 25 May 2005.
3. His DD Form 214 shows he was awarded or authorized the ACM. It does not show award of the GWOTEM.
4. Army Regulation 600-8-22 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. Service members who qualified for the GWOTEM by reason of service between 24 October 2001 and 30 April 2005 in an area for which the ACM was subsequently authorized shall remain qualified for that medal. Under no condition will personnel or units receive the ACM, GWOTEM, Global War on Terrorism Service Medal, Iraq Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.
5. Army Regulation 600-8-22 states the ACM is awarded to members who served in direct support of Operation Enduring Freedom. 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-to be determined)
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant completed a qualifying period of service in Afghanistan for which he was awarded the ACM. Army Regulation 600-8-22 states that service members who qualified for the GWOTEM by reason of service between 24 October 2001 and 30 April 2005 in an area for which the ACM was subsequently authorized shall remain qualified for that medal. Since he served in Afghanistan from 27 April 2004 to 29 April 2005 he is entitled to either award of the GWOTEM or the ACM. Therefore, it would be appropriate to correct his DD Form 214 to show award of the GWOTEM in lieu of the ACM based on his specified request.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the ACM from his DD Form 214 and adding award of the GWOTEM.
_____________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) AR20130007955
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ABCMR Record of Proceedings (cont) AR20130007846
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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