IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150006221 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: * Global War on Terrorism Service Medal (GWOTSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) or Afghanistan Campaign Medal (ACM) 2. The applicant states: * he served during the period authorized for award of the GWOTSM * he served in Afghanistan from 25 August 2003 to 15 December 2003 and should be authorized the GWOTEM or ACM 3. The applicant provides a copy of his DD Form 214. 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 23 June 1997 and trained as a wire systems installer. He served in Afghanistan from 25 August 2003 to 15 December 2003 and he participated in one campaign. He was honorably released from active duty on 22 March 2004. 3. His DD Form 214 does not show the GWOTSM, GWOTEM, or ACM as authorized awards. 4. Army Regulation 600-8-22 (Military Awards) states: a. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, ACM, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM. b. The 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. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. (1) Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE, or meet other, specified criteria. (2) Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Afghanistan. c. The ACM is awarded to members who served in direct support of Operation Enduring Freedom. The AOE 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 31 December 2014, and Operation Freedom Sentinel from 15 January 2015 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom. 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 2011-31 December 2014) * Transition II (1 January 2015-to be determined) d. Paragraph 1-41 lists the order of precedence of awards and decorations including service medals and shows the ACM is ranked higher in the order of precedence than the GWOTEM. DISCUSSION AND CONCLUSIONS: 1. The applicant served a qualifying period for award of the GWOTSM. His DD Form 214 does not show this medal. 2. Based on his service in Afghanistan from 25 August 2003 to 15 December 2003, he is eligible for award of the GWOTEM or ACM with one bronze service star. The governing regulation states no service member will be entitled to both medals for the same act, achievement, or period of service. Since he did not specify a preference and the ACM is ranked higher in the order of precedence, it would be appropriate to correct his records to show award of the ACM with one bronze service star. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 award of the ACM with one bronze service star and GWOTSM to his DD Form 214. ___________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) AR20150006221 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006221 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1