IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160002306 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160002306 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 his DD Form 214 the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service 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. IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160002306 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 the Global War on Terrorism Service Medal (GWOTSM) and the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. He states he deployed to the Philippines in support of Operation Enduring Freedom-Philippines (OEF-P) from January to April 2002, which fulfills the requirement for the GWOTEM. 3. He provides his DD Form 214 and Noncommissioned Officer Evaluation Report (NCOER). 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. After having prior service in the U.S. Army Reserve, on 17 August 1995, the applicant enlisted in the Regular Army. He was trained in and awarded military occupational specialty 11B (Infantryman). 3. His NCOER for the period January through December 2002 shows his Leadership/Training were assessed as "Excellence" in Part IV with comments pertaining to OEF-P as follows: a. Leadership - "commended by the 1/1 SFG [1st Battalion, 1st Special Forces Group] Battalion Commander for his leadership during Operation Enduring Freedom-Philippines." b. Training - "taught a company of Philippine Marines indirect fire support with obsolete mortars and equipment during OEF-P." 4. His DA Form 2-1, item 5 (Oversea Service) shows he was assigned to Okinawa, Japan, on 18 January 2000, but his date of return is not listed. 5. He was honorably discharged from active duty on 2 August 2003 with disability, severance pay. He was credited with completing 7 years, 11 months, and 16 days of active duty service this period. 6. His DD Form 214 shows he was awarded or authorized the: * Meritorious Service Medal * Army Commendation Medal * Army Achievement Medal (4th Award) * National Defense Service Medal (2nd Award) * NCO Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Army Good Conduct Medal (2nd Award) * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Infantryman Badge * Master Parachutist Badge * Parachutist Badge * Military Free Fall Parachutist Badge * Special Forces Tab * Scuba Diver Badge * Japanese Parachutist Badge * Malaysian Parachutist Badge * Royal Thai Marine Parachutist Badge 7. The Defense Finance and Accounting Service confirmed the applicant was in a combat zone in Afghanistan from 1 February to 30 April 2002. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 area of eligibility (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. b. Service members must be assigned, attached, or mobilized with a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. c. Initial award of the GWOTEM was limited to service members deployed abroad in OEF and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE. d. 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 designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. 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 the GWOTSM. DISCUSSION: 1. The applicant maintains he was deployed in the Philippines from January to April 2002. His NCOER for the period January 2002 through December 2002 states he was commended for his leadership during OEF-P and he taught a company of Philippine Marines indirect fire support with obsolete mortars and equipment during OEF-P. There is no evidence other than the NCOER to show he was deployed to the Philippines in support of OEF. 2. DFAS confirmed the applicant was in Afghanistan from 1 February to 30 April 2002, which is more than 30 days. Although his period of service in the Philippines cannot be confirmed, his service in Afghanistan qualifies him for the GWOTEM. This award is not listed on his DD Form 214. 3. The evidence of record shows he served during a qualifying period for award of the GWOTSM. This award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002306 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002306 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2