IN THE CASE OF:    

		BOARD DATE:  27 January 2015	  

		DOCKET NUMBER:  AR20140010062 


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, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Afghanistan Campaign Medal with one bronze service star and the "Global War on Terrorism."

2.  The applicant states his service qualifies him for the above awards.

3.  The applicant provides a 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 11 February 2000.  After initial training, he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade held while on active duty was specialist/E-4.
3.  The available evidence shows he served in Afghanistan for the period 
15 February to 15 July 2002.  He has qualifying service for the Consolidation I (1 December 2001-30 September 2006) campaign.

4.  He was honorably released from active duty on 10 February 2003.  His 
DD Form 214 shows he completed 3 years of creditable active service.  He was awarded or authorized:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar

5.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for military awards.  It states:

	a.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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.  Service members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

	b.  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 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. 

	c.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the GWOTEM.  

	d.  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, 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 GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show award of the Afghanistan Campaign Medal with one bronze service star and the "Global War on Terrorism Medal."

2.  Based upon the information available on his DD Form 214, he has qualifying service in Afghanistan to be awarded the Afghanistan Campaign Medal with one bronze service star.  

3.  There are two medals with the title Global War on Terrorism.  The first is the GWOTEM and the second is the GWOTSM.  

	a.  In the first case, a Soldier is authorized either the Afghanistan Campaign Medal or the GWOTEM.  A Soldier may not receive both.

	b.  The GWOTSM is authorized in addition to the Afghanistan Campaign Medal.
	c.  While he does not specify which "Global War on Terrorism Medal" he is requesting, he can, and should, be awarded the Afghanistan Campaign Medal and the GWOTSM.

4.  Based upon the foregoing, there is sufficient evidence to grant the requested relief.
BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the following awards to the applicant's DD Form 214:

* Afghanistan Campaign Medal with a bronze service star
* Global War on Terrorism Service 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)                                         AR20140010062



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010062



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1