IN THE CASE OF: BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150002201 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), dated 24 June 2003, to add the following awards: * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Afghanistan Campaign Medal with one bronze service star 2. The applicant states he served two separate overseas tours during Operation Enduring Freedom. He should be awarded the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal for his overseas service in Afghanistan from 1 May 2002 through 27 September 2002. He requests the Afghanistan Campaign Medal with one bronze service star for his overseas service from 24 September 2002 through 14 August 2003. 3. The applicant provides: * Special Operations Command Central, Director, Reserve Affairs memorandum, dated 20 May 2002 * DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense (DOD) Personnel) * Privacy Act Statement * Orders 119-311, dated 29 April 2002 (two copies) * Orders 200-769, dated 19 July 2002 * Orders 09-109XX, dated 16 May 2003 * Orders 227-378, dated 15 August 2002 * Order 09-109, dated 26 September 2002 * Order 09-110, dated 26 September 2002 * Memorandum for Distribution, dated 23 June 2003 * DD Form 214, dated 24 June 2003 * DD Form 214, dated 14 August 2002 * Order 141-72, dated 21 May 2003 * Order 268-1038, dated 25 September 2003 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. With prior enlisted service in the Regular Army and the U.S. Army Reserve, the applicant enlisted in the California Army National Guard on 11 July 1994. He was awarded a Special Forces senior sergeant military occupational specialty. 3. On 29 April 2002, the applicant was ordered to active duty special work for the period 1 May through 27 September 2002. His orders stated that he was to report to U.S. Special Operations Command and Central Command, MacDill Air Force Base, Tampa, Florida, no later than 7 May 2002. The authorization was Title 10, U.S. Code, section 672(d). (This section was renumbered to section 12301 of Title 10.) 4. On 21 May 2002 he proceeded on TDY orders to Camp As Sayliyah, Qatar to support contingency operations in the U. S. Central Command area of responsibility. 5. On 19 July 2002 the applicant's original orders were extended to 14 August 2002 and the authorization code was changed to Title 10, U.S. Code, section 12301 (Full mobilization) for overseas contingency operations. 6. He returned to Florida and on 14 August 2002 he was released from active duty (REFRAD) upon completion of his self-terminating orders. He received a DD Form 214 for this period of active duty service showing he completed 3 months and 14 days of creditable active service. He received no awards for the Global War on Terrorism. 7. The next day on 15 August 2002, Orders 227-378 were published ordering him to active duty for the purpose of deployment in support of overseas contingency operations in support of Operation Enduring Freedom. He was ordered to report to his home station on 15 August 2002 and to report to the mobilization station on 26 August 2002. This period of active duty was not to exceed 365 days. The authority was Title 10, U.S. Code, section 12302 (Partial mobilization) 8. The applicant was REFRAD on 24 June 2003. He was issued a DD Form 214 for this period of active service. It shows he deployed to Afghanistan on 24 September 2002 and served there through 2 April 2003. It does not show his requested awards. He did receive the Combat Infantryman Badge. 9. Army Regulation 600-8-22 (Military Awards) states: a. The GWOTEM is authorized for service members who were assigned, attached, or mobilized to a unit participating in designated operations (Operations Enduring Freedom and Iraqi Freedom) for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE), or meet other, specified criteria. The designated specific geographic AOE includes Qatar. Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded. b. The GWOTSM is authorized for members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined. 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. Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded. 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. The period of eligibility is on or after 11 September 2001 to 31 December 2014. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) * Consolidation II (1 October 2006-date to be determined 10. Title 10, U.S. Code, section 12301 – Full Mobilization: If a war or national emergency is declared by Congress, all reserve component units are eligible for involuntarily call-up. They can be kept on active duty for the duration of a declared war or emergency, plus six months. DISCUSSION AND CONCLUSIONS: 1. He deployed to Qatar on 21 May 2002 where he served more than 30 continuous days until just before his REFRAD when he returned to the continental United States. He was REFRAD on 14 August 2002. Based on his service in Qatar, his DD Form 214 should be amended to add the GWOTEM. 2. The applicant may be awarded the GWOTSM for the period 15 August 2002 through 23 September 2002 (41 continuous days) for his initial period of mobilization in support of contingency operations supporting Operation Enduring Freedom. His DD Form 214 should be amended to add this award. 3. He served in Afghanistan from 24 September 2002 through 2 April 2003 during one campaign. Therefore, he is authorized the Afghanistan Campaign Medal with one bronze service star. His DD Form 214 should be amended to add this award. 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 amending his DD Form 214, dated 24 June 2003, to show the Afghanistan Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and 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) AR20150002201 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002201 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1