IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140016011
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 award of the Armed Forces Service Medal (AFSM).
2. The applicant states he served on active duty from 2 February 2003 to
5 August 2003 and the award was never issued to him or added to his DD Form 214. When he applied for a civil service job he was informed that he should have been awarded the medal.
3. The applicant provides copies of his:
* active duty orders
* DD Form 214
* discharge orders
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 Alabama Army National Guard on
3 January 1991. He served through multiple reenlistment/extensions.
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows no record of overseas service.
4. Orders 029-229, Alabama State Military Department, Personnel Service Branch, dated 29 January 2003, show he was ordered to active duty as a member of his Reserve Component unit effective 5 February 2003 in support of Operation Enduring Freedom.
5. He was released from active duty on 5 August 2003 as a sergeant/E-5. He had completed 6 months and 4 days of active duty service during the period covered by this DD Form 214. His amended DD Form 214 shows in:
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal (4th Award), National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Army Reserve Components Achievement Medal.
b. Item 18 (Remarks), in part, he was ordered to active duty in support of Operation Enduring Freedom and he served in Iraq from 4 April to 5 July 2003.
6. Army Regulation 600-8-22 (Military Awards) states the:
a. AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for
30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility (AOE) or meet the following criteria:
* While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive flying sorties into, out of, within, or over the area in direct support of the military operations
* One days service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit
b. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant is not eligible for the AFSM because he was awarded the GWOTEM for his deployment to Iraq. There is no available evidence showing he served overseas other than his deployment to Iraq.
2. In view of the above, his request should be denied.
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 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) AR20120008147
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140016011
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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