IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140011807
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 he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states he served in Iraq from February 2008 to July 2008; however, his unit did not properly update his records when they redeployed. When he applied for State benefits he was denied plates for his car because the GWOTEM was not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, a certificate, and a copy of a Department of Defense web page containing information about the GWOTEM.
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 7 September 2007 and held military occupational specialty 11B (Infantryman).
3. He was discharged from active duty under honorable conditions (general) on
15 September 2009. His DD Form 214 shows he completed 2 years and 9 days of net active service, of which 5 months and 19 days were credited as foreign service. This form also shows he served in Iraq from 1 February 2008 to 19 July 2008 and was awarded or authorized the:
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one campaign star
* Army Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge
4. 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 the GWOT operations on or after 11 September 2001 to a date to be determined. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Operation Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait.
5. The U.S. Army Human Resources Command maintains an Awards and Decorations Branch website, in which they publish relevant guidance on the GWOTEM. According to the policy stated on their website, effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq. For service in Iraq after 30 April 2005, the Iraq Campaign Medal is the proper award.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Iraq Campaign Medal for his service in Iraq from 1 February 2008 to 19 July 2008, and is, therefore, not entitled the additional award of the GWOTEM for the same period of service.
2. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his military records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140011807
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ABCMR Record of Proceedings (cont) AR20140011807
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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