IN THE CASE OF:	 

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20130021377 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 2003:

* Joint Meritorious Unit Award
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Philippine Republic Presidential Unit Citation

2.  The applicant states the above awards were not entered on his DD Form 214.

3.  The applicant provides:

* deployment orders
* travel voucher for deployment to the Philippines and return
* three memoranda, dated 10 September 2002, from Headquarters Joint Task Force (JTF) - 510
* a memorandum, dated 31 October 2002, from the Assistant Secretary of Defense
* his Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements for February - March 2002 and March - April 2003
* DA Form 4187 (Personnel Action), dated 4 December 2002
* a memorandum, dated 17 May 2002, from 112th Signal Battalion, Special Operations (Airborne), Fort Bragg, NC
* a memorandum, dated 18 June 2002, from Special Operations Support Command (Airborne), Fort Bragg
* his DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period March to July 2003
* Personnel Deployments Data Input
* Military Personnel Message 08-123, dated 30 April 2008 
* Headquarters, Department of the Army General Orders (DAGO) 3, dated 
6 November 2007
* DAGO 2009-09, dated 29 October 2009
* four Wikipedia articles concerning the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Philippine Republic Presidential Unit Citation

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.  On 28 July 1999, he enlisted in the Regular Army for 4 years.  He was assigned to Headquarters and Headquarters Company, 112th Special Operations Signal Battalion (Airborne), Fort Bragg, NC.

3.  Headquarters, XVIII Airborne Corps, Fort Bragg, NC Orders 017-033, dated 17 January 2002, deployed him in a temporary change of station (TCS) status to the Pacific Command (PACOM) area of responsibility under the operational control of the 1st Special Forces Group (Airborne) (SFG(A)).  The purpose of the TCS was in support of Operation Enduring Freedom for 179 days (extendable to 364 days).  He was ordered to report on or about 22 January 2002 by military air from Fort Bragg via Fort Lewis, WA into the PACOM Theater.

4.  His orders do not show what unit he was assigned to within the 1st SFG(A).


5.  His Travel Voucher, prepared on 31 May 2002, shows his travel from Fort Bragg on 1 February 2002 to the Philippines and return to Fort Bragg on
5 August 2002.

6.  A memorandum, dated 10 September 2002, from Headquarters, 
JTF-510, recommended JTF-510 for the Joint Meritorious Unit Award for the period 15 January 2002 to 31 August 2002.  The memorandum identifies subordinate units to JTF-510 including the following units of the 
1st SFG(A):

* Headquarters and Headquarters Company
* Group Support Company 
* 1st Battalion
* 3rd Battalion
* Company B, 2nd Battalion

7.  There is no evidence of the Joint Meritorious Unit Award being approved by the appropriate authority for JTF-510.

8.  A memorandum, dated 10 September 2002, from Headquarters, JTF-510 requested the Republic of the Philippines be designated as a location for award of the Armed Forces Expeditionary Medal for Operation Enduring Freedom-Philippines.  The period of the award would be 15 January 2002 to 31 August 2002.  There is no evidence of this award having been approved by the appropriate authority.

9.  A memorandum, dated 10 September 2002, from Headquarters, JTF-510 requested that the Republic of the Philippines Area of responsibility be designated as a location for award of the Armed Forces Service Medal for Operation Enduring Freedom-Philippines.  The period of the award would be 
1 August 2002 to a future date to be determined (approximately June 2003).  There is no evidence of this award having been approved by the appropriate authority.

10.  A memorandum, dated 31 October 2002, from the Assistant Secretary of Defense certified that military personnel deployed to the Republic of the Philippines, in conjunction with Operation Enduring Freedom – Philippines, were eligible for all combat zone related tax benefits effective 9 January 2002.

11.  On 31 August 2003, he was released from active duty by reason of completion of required active service.  He completed 4 years, 1 month, and 
3 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Bolivia Army Parachutist Badge

12.  An email, dated 28 January 2014, from DFAS shows the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for the following periods:

* 3 February 2002 through 8 May 2002 - no country indicated
* 4 January 2003 through 1 June 2003 for Jordan

13.  DAGO 3, dated 6 November 2007, provided a list of units awarded the Joint Meritorious Unit Award.  The 112th Special Operations Signal Battalion (Airborne) and 1st SFG(A) are not shown as having been awarded the Joint Meritorious Unit Award.  However, the 112th Special Operations Signal Battalion (Airborne) is listed as having been awarded the Meritorious Unit Commendation (Army) for the periods:

* 12 October 2001 - 11 October 2002
* 5 November 2002 - 5 May 2003

14.  DAGO 2009-09, dated 29 October 2009, provided a list of units awarded the Joint Meritorious Unit Award.  The 112th Special Operations Signal Battalion (Airborne) and 1st SFG(A) are not shown as having been awarded the Joint Meritorious Unit Award.  Headquarters, Special Operations Command, Pacific is shown as having been awarded the Joint Meritorious Unit Award for the period 30 June 2001 - 20 January 2004.

15.  All Army Activities Message 028/2008 stated the Under Secretary of Defense of the Army approved the acceptance and wear of the Philippine Republic Presidential Unit Citation for units supporting Exercise Balikatan 02-1.  The period of the award was 31 January 2002 to 31 July 2002.  Among the participating Army units was Joint Task Force - 510, 1st SFG(A).

16.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Armed Forces Expeditionary Medal 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 Operations in the Philippines are not listed among the approved operations for award of the Armed Forces Expeditionary Medal.

	b.   The Global War on Terrorism Expeditionary Medal 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.  Only one award of the Global War on Terrorism Expeditionary Medal may be authorized to any individual.  The Philippines is listed as one of the areas of eligibility (AOE) for this award.

	c.  The Global War on Terrorism Service Medal 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 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  DAGO 2009-09, dated 29 October 2009, show Headquarters, Special Operations Command, Pacific was awarded the Joint Meritorious Unit Award.  However, only those personnel assigned to the Headquarters are eligible for the award.  There is no evidence the applicant was assigned to Headquarters, Special Operations Command, Pacific.  There is no evidence that JTF-510's request for award of the Joint Meritorious Unit Award was approved by the appropriate authority.  There is no evidence the 112th Special Operations Signal Battalion (Airborne) or 1st SFG(A) were awarded the Joint Meritorious Unit Award.  In the absence of evidence showing he was assigned to a unit that was awarded the Joint Meritorious Unit Award, the applicant is not entitled to have this award added to his DD Form 214.  

2.  He was assigned to the 112th Special Operations Signal Battalion (Airborne) during both periods the unit was awarded the Meritorious Unit Commendation (Army).  Therefore, he is entitled to have these awards added to his 
DD Form 214.

3.  The memorandum, dated 31 October 2002, from the Assistant Secretary of Defense, the email from DFAS, the applicant's orders, and his travel voucher are sufficient evidence to show he was deployed to the Philippines from 3 February through 8 May 2002.  Therefore, he is authorized the Global War on Terrorism Expeditionary Medal.

4.  He enlisted in 1999 and did not deploy to the AOE for eligibility for the Global War on Terrorism Expeditionary Medal until February 2002.  Therefore, he is authorized the Global War on Terrorism Service Medal.

5.  Based on his service with 1st SFG(A), he is authorized the Philippine Republic Presidential Unit Citation.

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 amending his DD Form 214 with a separation date of 31 August 2003 to show he is authorized the:

* Meritorious Unit Commendation (Army) (two awards)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Philippine Republic Presidential Unit Citation

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 Joint Meritorious Unit Award and the Armed Forces 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)                                         AR20130021377



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ABCMR Record of Proceedings (cont)                                         AR20130021377



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