IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140007253 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 February 2004, to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM), a second award of the Meritorious Unit Commendation (MUC), and a second award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he was told by his chain of command he had to wait until the awards were finalized.

3.  The applicant provides:

* DD Forms 214, for the periods ending 2 June 1991 and 2 February 2004
* DD Form 215 (Correction to DD Form 214), for the period ending 2 February 2004
* a 79th Military Police (MP) Company (Combat Support) information document
* a memorandum from the U.S. Army Human Resources Command (HRC) to the Commander, Coalition Forces Land Component Command, U.S. Army Forces Central Command, dated 11 June 2003, subject:  MUC
* a MUC Certificate

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 was ordered to active duty as a member of the U.S. Army Reserve (USAR) on 21 November 1990 in support of Operations Desert Shield/
Desert Storm.  He served as a military policeman assigned to the 79th MP Company (Combat Support) in Southwest Asia (SWA) from 11 January to 12 May 1991.  On 2 June 1991, he was released from active duty.

3.  His DD Form 214 for the period ending 2 June 1991 shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal (SWASM)
* Army Reserve Components Overseas Training Ribbon
* Overseas Service Ribbon

4.  The HRC Military Awards Branch website for recently-approved unit awards shows the 79th MP Company was awarded the MUC for actions during the period 10 January 1990 to 6 May 1991, by Department of the Army General Orders Number 17, dated 1992.

5.  He was ordered again to active duty from the USAR on 10 February 2003 in support of Operation Enduring Freedom.  He served with the 353rd Transportation Company in Iraq from 27 February 2003 to 19 December 2003.  He was released from active duty on 2 February 2004.

6.  His DD Form 214 for the period ending 2 February 2004 shows he was awarded or authorized the:

* Army Achievement Medal
* MUC
* Army Reserve Components Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* AFEM
* Kuwait Liberation Medal-Saudi Arabia
* SWASM
* Armed Forces Reserve Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Army Reserve Components Overseas Training Ribbon (3rd Award)

7.  He provided a memorandum from the HRC Military Awards Branch, dated 11 June 2004, which states the 49th Quartermaster Group was awarded the MUC for the period 10 January 2003 to 25 September 2003.

8.  In 2009, he petitioned the ABCMR for award of the Iraq Campaign Medal (ICM).  Relief was granted and a DD Form 215, dated 13 January 2010, amended his DD Form 214 for the period ending 2 February 2004 by:

* deleting award of the SWASM
* adding the following awards –

* Purple Heart
* Combat Action Badge
* ICM with two bronze service stars
* Global War on Terrorism Service Medal
* Kuwait Liberation Medal-Kuwait
* SWASM with three bronze service stars

9.  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 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 50 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility or meet other specified criteria.

10.  Initial award of the GWOTEM was limited to service members deployed abroad in support of Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic AOE's:  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE.

11.  Army Regulation 600-8-22 states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the GWOTEM in lieu of the ICM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

12.  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 SWA operations during the period 1 December 1995 to 18 March 2003, but Operations Enduring Freedom/Iraqi Freedom are not included.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Iraq from 27 February 2003 to 19 December 2003.  In 2009, per the applicant's request, he was awarded the ICM for his service in Iraq.  Since the governing regulation states no service member will be entitled to both the GWOTEM and ICM for the same period of service, there is no basis for granting his request for the GWOTEM.

2.  The evidence shows the applicant's SWA unit in 1991 was awarded the MUC.  The evidence also shows his SWA unit in 2003 was awarded the MUC.  Therefore, his DD Form 214 for the period ending 2 February 2004 should be corrected to show two awards of the MUC.

3.  The applicant requests a second award of the AFEM be shown on his DD Form 214 for the period ending 2 February 2004.  It is not known why he received an AFEM.  However, there is no evidence showing he served a qualifying period for a second award of the AFEM and therefore there is insufficient evidence on which to base adding a second award of the AFEM to his DD Form 214 for the period ending 2 February 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding a second award of the MUC to his DD Form 214 for the period ending 2 February 2004.

2.  The Board further determined 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 adding either the GWOTEM or a second award of the AFEM to his DD Form 214 for the period ending 2 February 2004.



      ___________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)                                         AR20140007253



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ABCMR Record of Proceedings (cont)                                         AR20140007253



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