ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 August 2019

	DOCKET NUMBER:  AR20170007692


APPLICANT REQUESTS:  the Global War on Terrorism Expedition Medal (GWOTEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Statement of Wartime Service

FACTS:

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

2.  The applicant states, in effect, he received the memorandum approving the wartime service medal on 6 June 2003.  He assumed the medal would be added to his record; however, he discovered the medal had not been added until he applied for a job with protected veteran’s status. 

3.  The applicant provides a copy of the statement of wartime service, dated 3 June 2003, signed by captain X___ X X___, Adjutant, certifying the applicant’s period of service while deployed to Southwest Asia Combined Forces Land Component Command (CFLCC) in support of Operation Enduring/Iraqi Freedom, with duty in Kuwait. 

4.  A review of the applicant’s service record shows:

   a. He enlisted in the Regular Army on 17 February 2000.
   
   b. He deployed in support of Operation Iraqi Freedom from 6 March 2003 to 6 June 2003.
   
   c. He was released from active duty and transferred to the Army Reserve on         16 February 2004 under the provisions of Army Regulation 635-200, Chapter 4, completion of required active service, with his service characterized as honorable.  His DD Form 214 shows he was awarded or authorized the:                                                                              

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon

4.  Army Regulation (AR) 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  Evidence of record shows he served after 11 September 2001, and deployed in support of OIF.  The Board agreed he met regulatory guidance to be authorized not only the GWOTEM, but also the GWOTSM.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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 amending his DD Form 214 for the period ending 16 February 2004 by adding the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service.

   a. Paragraph 2–18, states the Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289, 12 March 2003.  It 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.  Operations approved the GWOTEM are provided in below.
   
      (1) The Secretary of Defense in consultation with the Chairman, Joint Chiefs of Staff will designate approved operations on a case-by-case basis when requested by the Combatant Commanders.
      
      (2) The general area of eligibility 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. The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.
      
   b. Paragraph 2-18c. provides that 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 area of eligibility, or meet one of the following criteria:
   
      (1) Be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the area of eligibility.
      
      (2) While participating in the designated operation, regardless of time, is killed, wounded or injured requiring medical evacuation from the area of eligibility.
      
      (3) Service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170007692


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