IN THE CASE OF:  BOARD DATE:  6 August 2021 DOCKET NUMBER:  AR20210006268 


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 October 2003, to show award of the: 

•Global War on Terrorism Service Medal (GWOTSM)

•Global War on Terrorism Expeditionary Medal (GWOTEM)

•Iraq Campaign Medal (ICM)

•Army Commendation Medal (ARCOM)

•Meritorious Service Medal (MSM)



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•DD Form 214



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The Board will not consider award of the GWOTSM, as this item will be addressedthrough an administrative correction.

3.The applicant states, in effect, he served in Iraq from 27 January 2003 to 10 October2003; however, the GWOTEM and ICM were not authorized for his period of serviceuntil after he was released from active duty.

4.Having prior service in the U.S. Marine Corps Reserve and Wisconsin Army NationalGuard, the applicant enlisted in the U.S. Army Reserve on 9 April 1990.

5.The applicant provides a copy of his DD Form 214 for the period 27 January 2003 to10 October 2003.  The form is not resident in his Official Military Personnel File (OMPF).The form states he was ordered to active duty in support of Operation Enduring Freedom.  The form further shows, he entered active duty from Fort McCoy, WI, and his last duty assignment is listed as 2nd Battalion, 411th Regiment, Fort McCoy, WI. Item 12f (Foreign Service) does not indicate foreign service.  He was honorably released from active duty on 10 October 2003, after completing 8 months and 14 days of net active service during this period. 

6.The applicant was placed on the retired list on 2 February 2019, in the rank/grade ofsergeant first class/E-7.

7.His OMPF contains a/an:

a.DA Form 1059 which shows he was resident at Fort McCoy, WI, from 16 March2003 to 22 March 2003, for the Advanced Noncommissioned Officer Course (ANCOC), Phase 1.  He was administratively released for personal hardship and could reenroll at his earliest convenience. 

b.DA Form 1059 which shows he was resident at Fort McCoy, WI, from 25 May2003 to 6 June 2003, for ANCOC Phase I. 

c.DA Form 2166-8 for the period August 2002 to July 2003, which shows himassigned to a unit located at Fort McCoy, WI. 

d.DA Form 1059 which shows he was resident at ANCOC Phase II from 2 August2003 to 13 August 2003, at 8th Battalion (Training Command), 95th Regiment. 

e.DA Form 2166-8 for the period August 2003 to December 2003, which shows himassigned to a unit located at Fort McCoy, WI. 

8.The applicant's OMPF does not contain nor did he provide evidence which confirmshe deployed to Iraq from 27 January 2003 to 10 October 2003, and was awarded theGWOTEM, ICM, MSM and ARCOM.

9.Army Regulation 635-5 (Separation Documents), then in effect, prescribed theseparation documents prepared for Soldiers upon retirement, discharge, or release fromactive military service or control of the Army.  It established standardized policy for thepreparation of the DD Form 214.  It states the DD Form 214 is a synopsis of theSoldier's most recent period of continuous active duty.  It provides a brief, clear-cutrecord of active Army service at the time of release from active duty, retirement, ordischarge.  Chapter 2 contains guidance on the preparation of the DD Form 214 andstates:

a.the total amount of foreign service completed during the period of active servicecovered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f of the form; and 

b.for item 18 (Remarks) for an active duty Soldier deployed with his or her unitduring their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered. 


BOARD DISCUSSION: 



1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted.  The applicant’scontentions, the military record, and regulatory guidance were carefully considered.Based upon a preponderance of the evidence, the Board determined the applicant wascalled to active duty in support of OEF; however there was insufficient evidence todetermine he deployed.  The Board determined there is insufficient evidence todetermine and error or injustice and grant relief.2.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

Except for the correction addressed in Administrative Note(s) below, the Board found 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. 


Microsoft Office Signature Line...

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. 

ADMINISTRATIVE NOTE(S):  The following regulatory cite is sufficient to make the following administrative correction to the applicant's DD Form 214 for the period ending on 10 October 2003 without action by the Board: 

•Army Regulation 600-8-22 (Military Awards), 5 March 2019, paragraph 2-21

•Add the GWOTSM to item 13 (Decorations, Medals, Badges, Citations andCampaign Ribbons Awarded or Authorized)



REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) states:

a.The MSM is awarded to members of the Armed Forces of the United States or ofa friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

b.The ARCOM may be awarded to any member of the Armed Forces of the UnitedStates who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

c.The GWOTEM is authorized for award to members of the Armed Forces of theUnited 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 fifty 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. 

d.The GWOTSM is authorized for award to members of the Armed Forces of theUnited States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  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.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.     
e.The ICM is awarded to members who have served in direct support of OperationIraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign. 

3.Army Regulation 635-5, then in effect, prescribed the separation documentsprepared for Soldiers upon retirement, discharge, or release from active military serviceor control of the Army.  It established standardized policy for the preparation of theDD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recentperiod of continuous active duty.  It provides a brief, clear-cut record of active Armyservice at the time of release from active duty, retirement, or discharge.  Chapter 2contains guidance on the preparation of the DD Form 214 and states:

a.the total amount of foreign service completed during the period of active servicecovered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f of the form; and 

b.for item 18 for an active duty Soldier deployed with his or her unit during theircontinuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered. 

4.Army Regulation 15-185 (ABCMR) prescribes the policies and procedures forcorrection of military records by the Secretary of the Army, acting through the ABCMR.The ABCMR considers individual applications that are properly brought before it.  TheABCMR will decide cases on the evidence of record.  It is not an investigative body.The ABCMR begins its consideration of each case with the presumption ofadministrative regularity.  The applicant has the burden of proving an error or injusticeby a preponderance of the evidence.

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