ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 September 2109 DOCKET NUMBER: AR20170011408 APPLICANT REQUESTS: awards and decorations for service in Southwest Asia be reflected on 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 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 Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 it does not reflect any awards or decorations for his service in Southwest Asia from 22 February 2003 to 1 June 2003 with the 2nd Battalion, 43rd Air Defense Artillery. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 13 August 2002. b. On 28 April 2003, he received an Army Achievement Medal for exemplary performance as a communication specialist in support of Operation Enduring Freedom from 27 December 2002 to 15 January 2003 while assigned to Bravo Battery, 2nd Battalion, 43rd Air Defense Artillery, 108th Air Defense Artillery Brigade, Al Jaber, Kuwait. c. On 30 April 2003, he received an Army Commendation Medal for exemplary achievement during Operation Iraqi Freedom by providing critical air defense coverage of air and ground forces from 22 February 2003 to 1 June 2003 while assigned to Bravo Battery, 2nd Battalion, 43rd Air Defense Artillery, 108th Air Defense Artillery Brigade, Al Jaber, Kuwait. d. Orders 356-0002, dated 22 December 2003, directed the discharge of the applicant with an effective date of 24 December 2003. e. On 24 December 2003, he was discharged from active duty under the provisions of Chapter 14, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) for commission of a serious offense with a general, under honorable conditions characterization of service. His DD Form 214 shows he completed 1 year, 4 months, and 12 days of active service with 3 months and 10 days of foreign service. It also shows he was awarded or authorized: * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon 4. By regulation: a. The Global War on Terrorism Service Medal (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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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. b. The Global War on Terrorism Expeditionary Medal (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. 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 met regulatory criteria to receive the GWOTSM and GWOTEM; however, the medals were not listed on his DD Form 214. The Board agreed to add the medals to his separation document. 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 adding the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal to his DD Form 214. X CHAIRPERSON Signed by: 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 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. The Global War on Terrorism Service Medal (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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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. b. The Global War on Terrorism Expeditionary Medal (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 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. //NOTHING FOLLOWS//