IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140015106 


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 records to show award of the Global War on Terrorism Expeditionary Medal and the Afghanistan Campaign Medal.

2.  The applicant states these medals were awarded after he was released from active duty.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 U.S. Army Reserve (USAR) on 21 November 1991.  He served on active duty for training from 26 August 1992 through 11 December 1992.

3.  His 11 December 1992 DD Form 214 shows he had 3 months and 16 days of active service with 9 months and 5 days of prior inactive service.  It lists his awards as the Army Service Ribbon, National Defense Service Medal, Sharpshooter Qualification Badge with Rifle Bar, and the Expert Qualification Badge with Grenade Bar.

4.  The applicant's electronic record contains an National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) showing service in the Indiana Army National Guard from 12 May 1998 through 11 May 2000.  He is shown to have had 6 years, 2 months, and 5 days of prior Reserve service with 3 months and 16 days of prior active Federal service.  His awards are shown as the Army Service Ribbon, National Defense Service Medal, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

5.  The applicant transferred to the USAR Control Group (Annual Training) in 2000 and was called to active duty in support of Operation Enduring Freedom.

6.  His 29 March 2003 DD Form 214 shows he served on active duty from 17 June 2002 through 29 March 2003 with service in Afghanistan from 30 August 2002 to 20 March 2003.  It lists his awards as the National Defense Service Medal (2nd award), Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.  Blocks 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) state "See block 18."  Block 18 includes the statement "Separated from service on temporary records and Soldier's affidavit//DD Form 215 will be issued to provide missing information."  No DD Form 215 is of record correcting the block 12 entries.

7.  A 24 September 2014 DD Form 215 (Correction to the DD Form 214) was issued by the National Archives Records Administration (NARA) to add the "Global War on Terrorism Medal" to the applicant's 29 March 2003 DD Form 214.  No such medal exists as it is entered on the DD Form 215.

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  the Global War on Terrorism Service Medal (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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 days or 60 nonconsecutive days are authorized the GWOTSM.
   
   b.  the Global War on Terrorism Expeditionary Medal (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 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Afghanistan.

	c.  the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009 – 30 June 2011)
* Transition I (1 July 2011-date to be determined)

	d.  service members qualified for the Global War on Terrorism Expeditionary Medal by reason 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 such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 215 issued by NARA references an award that does not exist as recorded.  It would be appropriate to void this correction and delete the form from the applicant's records.

2.  The applicant served the required period of service outside the AOE for the Global War on Terrorism Expeditionary Medal during a period for which the Global War on Terrorism Service Medal was authorized.  It would be appropriate of correct the record to include this award.

3.  The applicant is authorized award of the Global War on Terrorism Expeditionary Medal or the Afghanistan Campaign Medal but not both.  It appears he is requesting award of the latter.  He is shown to have served in Afghanistan during one campaign period; therefore, it would be appropriate to correct his DD Form 214 to include the Afghanistan Campaign Medal with one bronze service star. 

4.  The applicant's award of the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar were omitted from his 29 March 2003 DD Form 214.  It would be appropriate to correct this oversight by adding these badges to his 29 March 2003 DD Form 214.

5.  The applicant was not issued a DD Form 215 to complete the missing information on his 29 March 2003 DD Form 214.  In light of the fact that a DD Form 215 will be issued to correct the applicant's awards, it would be appropriate for the U.S. Army Human Resources Command to also administratively correct the entries at blocks 12d and 12e to include his prior active and inactive service.  

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:

	a.  voiding and deleting from the applicant's record the 24 September 2014 DD Form 215; and
  
b.  showing that, in addition to the awards shown on the 29 March 2003 
DD Form 214, the applicant's awards also include – 

* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The Board determined that the administrative error should be corrected to show on the 29 March 2003 DD Form 214 at blocks 12d and 12e his prior active and inactive service.

3.  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 award of the Global War on Terrorism 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)                                         AR20140015106



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ABCMR Record of Proceedings (cont)                                         AR20140015106



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