IN THE CASE OF: BOARD DATE: 30 August 2011 DOCKET NUMBER: AR20110003093 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 award of the Afghanistan Campaign Medal (ACM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states the ACM was not authorized until after his period of deployment; therefore, he was awarded the GWOTEM. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). 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 Louisiana Army National Guard (LAARNG) on 14 April 1999. On 28 May 2002, he was ordered to active duty in support of Operation Enduring Freedom. 3. On 23 March 2003, he was honorably released from active duty upon completion of his required active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for this period of service shows the: * Army Commendation Medal * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * LA (Louisiana) War Cross 4. Item 18 (Remarks) of his DD Form 214 for the period ending 23 March 2003 shows he served in Afghanistan from 24 July 2002 to 16 February 2003. 5. His NGB Form 22 for the period ending 13 April 2008 shows he was honorably discharged from the LAARNG and as a Reserve of the Army on 13 April 2008 at the expiration of his term of service. He completed 9 years of net service creditable service. Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded this Period) of this form includes the GWOTEM. 6. Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005, in an area for which the ACM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ACM 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. 7. Army Regulation 600-8-22 states the ACM 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 24 October 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 - date to be determined) 8. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's NGB Form 22 shows he was awarded the GWOTEM. His records show he served during a qualifying period of service for the ACM. No service member will be entitled to both medals for the same act, achievement, or period of service. He participated in one campaign phase during his service in Afghanistan. Therefore, since he requests the ACM in lieu of the already-awarded GWOTEM he is entitled to have the ACM with one bronze service star added to his DD Form 214 for the period ending 23 March 2003. 2. However, if he wants the GWOTEM entry deleted from his NGB Form 22 and replaced with the ACM with one bronze service star he must request this action through the ARNG since this Board does not direct such changes to ARNG records. 3. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below. 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 to item 13 of his DD Form 214 for the period ending 23 March 2003 the Afghanistan Campaign Medal with one bronze service star. ____________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) AR20110003093 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003093 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1