IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016614 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: 16 March 2017 DOCKET NUMBER: AR20150016614 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: a. adding the following awards to her DD Form 214 for the period ending 13 April 2003: * Air Medal * Afghanistan Campaign Medal with one bronze service star * Global War on Terrorism Service Medal b. adding the entry "SERVICE IN AFGHANISTAN FROM 20030113-20030315" to item 18 of her DD Form 214 for the period ending 13 April 2003. ___________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: 16 March 2017 DOCKET NUMBER: AR20150016614 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 April 2003 to show award of the Air Medal and an unspecified medal for her service in support of Operation Enduring Freedom (OEF). 2. The applicant states her DD Form 214 is missing two awards, the Air Medal and an OEF medal. She was awarded the Air Medal on 7 March 2003. She is providing mobilization orders, dated 27 March 2002, showing her entitlement to an OEF medal. 3. The applicant provides: * mobilization orders, dated 27 March 2002 * DA Form 638 (Recommendation for Award), dated 28 February 2003 * Air Medal orders * DD Form 214 for the period ending 13 April 2003 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 was ordered to active duty from the U.S. Army Reserve under partial mobilization authority on 14 April 2002 in support of Operation Noble Eagle (ONE). 3. Headquarters, Coalition Task Force 82, Permanent Order Number 066-7, dated 7 March 2003, awarded her the Air Medal for gallantry in action while serving as a Chinook helicopter pilot during OEF during the period 13 January 2003 to 15 March 2003. The citation for this award states her superb performance while in aerial flight contributed greatly to the United States' victorious combat operations against the Taliban and Al Qaeda terrorist forces. 4. On 13 April 2003, she was honorably released from active duty. 5. Her DD Form 214 for the period ending 13 April 2003 shows she was awarded or authorized the: * Army Achievement Medal * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * Overseas Service Ribbon * Army Aviator Badge * Aircraft Crewman Badge 6. Item 18 (Remarks) of her DD Form 214 for the period ending 13 April 2003 does not show any deployed service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289, dated 12 March 2003. 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. (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 OEF and Operation Iraqi Freedom in designated specific geographic AOE, including Afghanistan. b. The Global War on Terrorism Service Medal (GWOTSM) was established by Executive Order 13289, dated 12 March 2003. 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 AOE designated for award of the GWOTEM, Afghanistan Campaign Medal (ACM), or Iraq Campaign Medal. All Soldiers serving 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. c. The ACM was established by Executive Order 13363, dated 29 November 2004. 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 OEF. 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. A Soldier may be awarded the ACM in lieu of the GWOTEM. Soldiers who elect to receive the GWOTEM in lieu of the ACM are not authorized service stars for those campaigns in which the GWOTEM is awarded. No Soldier will be entitled to both medals for the same act, achievement, or period of service. e. 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. f. Table 6-1 (U.S. Military and/or Contingency Operations) shows: * Global War on Terrorism ONE location as the United States * Global War on Terrorism OEF location as Afghanistan 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 18 stated to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for a Reserve Soldier ordered to active duty and deployed to a foreign country. DISCUSSION: 1. Permanent orders awarded the applicant the Air Medal. Her DD Form 214 for the period ending 13 April 2003 does not show this medal. 2. She was mobilized effective 15 April 2002 and she deployed to Afghanistan on 13 January 2003. She served a qualifying period for award of the GWOTSM. Her DD Form 214 for the period ending 13 April 2003 does not show this medal. 3. Based on her service in Afghanistan from 13 January 2003 to 15 March 2003, she 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. She did not specify a preference; however, the ACM is ranked higher in the order of precedence. Her DD Form 214 for the period ending 13 April 2003 does not show either medal. 4. As a related issue, item 18 of her DD Form 214 for the period ending 13 April 2003 does not show her deployment to Afghanistan. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016614 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016614 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2