IN THE CASE OF:
BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130013285
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 Armed Forces Expeditionary Medal (AFEM).
2. The applicant states:
a. According to Army Regulation 600-8-22 (Military Awards), all Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM. He was still a member of the Armed Forces during the war on terrorism, but the GWOTSM wasn't added to his DD Form 214 because Executive Order 13289 was authorized on 12 March 2003 after his expiration of term of service.
b. His AFEM wasn't added to his DD Form 214 when he was discharged.
3. The applicant provides:
* AFEM Certificate
* DD Form 214
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 30 December 1991, served as a wire systems installer, and he was honorably discharged on 23 January 2002.
3. His DD Form 214 does not show the GWOTSM or AFEM as authorized awards.
4. There are no orders for the AFEM in the available records. However, he provided an AFEM Certificate, dated 19 March 2001, which states he was awarded the AFEM for service in Southwest Asia during the period 25 January to 15 April 2001. He also provided documentation which states he was assigned to the Coalition Operations Intelligence Center Upgrade/Rewire project in Kuwait during this time.
5. Army Regulation 600-8-22 states 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 Global War on Terrorism Expeditionary Medal, 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 or 60 nonconsecutive days, are authorized the GWOTSM.
6. Army Regulation 600-8-22 states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Southwest Asia in support of:
* Operation Northern Watch from 1 January 1997 to 18 March 2003
* Operation Desert Spring from 31 December 1998 to 18 March 2003
DISCUSSION AND CONCLUSIONS:
1. The applicant served a period of qualifying service for award of the GWOTSM. Therefore, his DD Form 214 should be corrected to show this medal.
2. The applicant provides an AFEM Certificate that shows he was awarded the AFEM for service in Southwest Asia during the period 25 January to 15 April 2001. Although it cannot be determined which operation he participated in, any reasonable doubt should be resolved in his favor, and it is presumed he participated in Operation Northern Watch or Operation Desert Spring in Southwest Asia. Therefore, the certificate provided by the applicant that shows he was awarded the AFEM is accepted as sufficient evidence on which to base adding the AFEM 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 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 adding award of the AFEM and GWOTSM to his DD Form 214.
____________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) AR20130013285
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130013285
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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