BOARD DATE: 13 August 2013 DOCKET NUMBER: AR20130001438 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 Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM). 2. The applicant states he deployed abroad in support of Operation Enduring Freedom - Philippines during the period 5 May - 25 June 2003. He contends that the duration of the deployment was over the required 30 days to be eligible for both awards. 3. The applicant provides: * DD Form 214 * DD Form 1610 (Request and Authorization for TDY [temporary duty] Travel of DOD Personnel) * Defense Finance and Accounting Service (DFAS) Travel Voucher * travel itinerary * lodging receipts * letter of commendation * Noncommissioned Officer Evaluation Report 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 21 January 2000. 3. The DD Form 1610, dated 28 April 2003, shows he was authorized to depart in a TDY status from Fort Shafter, Hawaii to the Philippines with a departure date of 5 May 2003. The DD Form 1610 also shows the purpose of the TDY was in support of Operation Enduring Freedom - Philippines. 4. The DFAS Travel Voucher confirms he served in the Philippines in a TDY status during the period 5 May - 25 June 2003 (52 days). 5. He was honorably released from active duty on 20 January 2004. His DD Form 214 does not show the GWOTEM or the GWOTSM. 6. Army Regulation 600-8-22 (Military Awards) states: a. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the 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. 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 the Philippines. b. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, 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 days or 60 nonconsecutive days are authorized the GWOTSM. DISCUSSION AND CONCLUSIONS: 1. Evidence shows he served a period of qualifying service in an AOE for award of the GWOTEM. Therefore, this award should be added to his DD Form 214. 2. He also served a period of active duty that makes him eligible for the GWOTSM. This award should also be added to his DD Form 214. 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 by adding the Global War on Terrorism Expeditionary Medal and the 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. ABCMR Record of Proceedings (cont) AR20130001438 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130001438 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1