IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004437 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) with one bronze service star. 2. The applicant states: a. On 31 March 2004, the Deputy Chief of Staff of the Army authorized the GWOTEM and Global War on Terrorism Service Medal (GWOTSM) to be awarded to all personnel participating in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF). He deployed throughout the area of eligibility (AOE) (e.g. Pakistan, Kuwait, Afghanistan, and the United Arab Emirates) in excess of 60 days in support of OEF. He was also awarded the GWOTSM for his efforts during the course of his 24 months of mobilization in support of Operation Noble Eagle from October 2001 to October 2003. At this time service stars were not authorized on the GWOTEM. He later deployed throughout the AOE (e.g. Kuwait, Iraq, Qatar, and Bahrain) performing support for several protective service missions. He was retired on 1 October 2008. b. On 9 February 2015, the Department of Defense (DoD) announced that effective immediately service members were authorized to wear service stars on their GWOTEM to represent deployments in support of approved GWOT operations. The Under Secretary of Defense signed a memorandum authorizing the new policy change retroactive to 11 September 2001. 3. The applicant provides copies of the following: * GWOTEM and GWOTSM memorandum * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Retiree Assistance Office (RAO) Bulletin with GWOT Medal Update 04 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 the cases 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. 2. The applicant was appointed in the U.S. Army Reserve, as warrant officer one, on 11 February 1980, with prior enlisted service. He entered active duty in an Active Guard Reserve status on 3 June 1985. He held military occupational specialties 311A (Criminal Investigation Division Special Agent) and 920A (Property Accounting Technician). 3. He provided a copy of a GWOTEM and GWOTSM memorandum, dated 31 March 2004, authorizing him award of the GWOTEM and GWOTSM for participating in OEF and OIF. 4. He retired on 30 September 2008. His DD Form 214 lists in: * Item 12f (Foreign Service) – 2 months and 29 days * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Legion of Merit * Meritorious Service Medal (6th Award) * Army Commendation Medal (6th Award) * Joint Service Achievement Medal * Army Achievement Medal (2nd Award) * Meritorious Unit Medal (2nd Award) * Valorous Unit Award * Army Good Conduct Medal * Army Reserve Components Achievement Medal (2nd Award) * National Defense Service Medal (3rd Award) * Armed Forces Expeditionary Medal * Vietnam Service Medal with three bronze service stars * GWOTEM * GWOTSM * Army Service Ribbon * Armed Forces Reserve Medal with Device "M" * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal * Armed Forces Reserve Medal (3d Award) * Joint Chiefs of Staff Identification Badge * Army Staff Identification Badge * Item 18 (Remarks), service in – * Manama, Bahrain 20001111-20001117 * Karachi 20011120-20011125 * Kuwait 20011219-20011224 * Afghanistan 20020420-20020429 * Kuwait 20020605-20020611 * Iraq 20060206-20060216 * Qatar 20060418-20060422 * Kuwait and Iraq 20060504-20060514 5. On 1 March 2011, he was issued a DD Form 215 amending his 2008 DD Form 214 to show the Vietnam Service Medal with one silver service star and Expert Marksmanship Qualification Badge with Pistol and Rifle Bars. 6. He provided a copy of an RAO Bulletin, dated 14 February 2015, with GWOT Medal Update 04, which stated that DoD announced on 9 February 2015 the authorization of service stars to be worn on the GWOTEM to represent subsequent deployments in support of approved GWOT operations. 7. Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in GWOT 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. This regulation further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in designated specific geographic AOE, including Kuwait. 8. In a GWOTEM – Service Star Authorization memorandum, dated 9 February 2015, the Under Secretary of Defense authorized wear of service stars on the GWOTEM to recognize subsequent award for deployment in support of approved operations. For example, a Service member initially awarded the GWOTEM for an OEF deployment who is subsequently authorized a second GWOTEM for an Operation Nomad Shadow deployment would wear a single service star on the GWOTEM to denote a subsequent award. Only one award is authorized for each GWOTEM approved operation. This policy is retroactive to 11 September 2001. The five GWOT approved operations are as follows: * OEF – 11 September 2001 through a to be determined date (TBD) * OIF – 19 March 2003 through 31 August 2010 * Operation Nomad Shadow – 5 November 2007 through 31 December 2011 * Operation New Dawn – 1 September 2010 through 31 December 2011 * Operation Inherent Resolve – 15 June 2014 through a TBD DISCUSSION AND CONCLUSIONS: The applicant was deployed on multiple occasions in support of OEF and OIF between 2001 and 2006 and was awarded the GWOTEM and GWOTSM. Retroactively to 11 September 2001, service members are authorized to wear service stars on the GWOTEM for subsequent service in one or more of five approved operations. Only one award is authorized for each GWOTEM approved operation. He completed a qualifying period of service for award of one bronze service star to be affixed to his already-awarded GWOTEM. This service star is not shown on 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: * deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal * adding to his DD Form 214 the Global War on Terrorism Expeditionary Medal with one bronze service star _______ _ 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) AR20150004437 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004437 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1