ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20170013578 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 June 2002 to show he was awarded the Legion of Merit (LOM) and any awards he may be entitled to after he was released from active duty, such as the Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), etc. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders M – 10 – 100850, U.S. Army reserve personnel command, dated 25 October 2001 * Orders 311 – 0050, Headquarters, United States Army Infantry center, dated 7 November 2001 * DA Form 638 (Recommendation for Award), dated 14 August 2002 * DD Form 214, dated 9 June 2002 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 believes his DD Form 214 is missing an entry for his Legion of Merit and other information for his active duty period of service because it was issued before his Legion of Merit was awarded and other service medals were authorized. 3. The Board will not consider the applicant's request for the LOM or the GWOTSM, as this will be addressed through an administrative correction. The Board will consider the applicant's request for the GWOTEM. 4. On 4 November 2001, the applicant entered active duty after he was ordered to report to Fort Benning, GA for a partial mobilization and assignment to Headquarters, United States Army Japan, 9th Theater Army Area Command (TAACOM), in support of Operation Noble Eagle. He received orders to deploy on 8 November 2001 or upon availability of flight in support of Operation Enduring Freedom (OEF). 5. On 9 June 2002, the applicant was released from active duty after completion of his required active service. His DD Form 214 shows: * block 7a (Place of Entry Into Active Duty) – "FT BENNING, GA * block 8b (Station Where Separated) – "FORT BENNING, GA 31905" * block 12c (Net Active Service This Period) – "0000 07 06" * block 12f (Foreign Service) – "0000 06 16" * block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – is void of an entry for the Global War on Terrorism Expeditionary Medal 6. The applicant's Official Military Personnel File is void of an Enlisted Records Brief or DA Form 2 – 1 (Personnel Qualification Record) for his active duty period of service from 4 November 2001 through 9 June 2002. His available record shows his unit of assignment was located on Camp Zama, Japan, during his period of active duty service. 7. The applicant provides a DA Form 638 (Recommendation for Award), dated 14 August 2002, which shows he was approved for award of the Legion of Merit with Permanent Order Number 289 – 1. The form provides the following: * item 1 (To) – Commander, 17th Area Support Group, Camp Zama, Japan * item 2 (From) – Headquarters and Headquarters Company, 17th Area Support Group, Camp Zama, Japan * item 7 (Organization) – United States Army Japan, Provost Marshall Office, Camp Zama, Japan * item 11 (Period of Award) – 1 December 1992 to 30 November 2002 * item 12a (Indicate ACH, SVC, PCS, ETS, OR RET) – "RET" 8. Army Regulation 600-8-22 (Military Awards) provides the criteria for the GWOTEM. Japan is not listed among the areas of eligibility specified in the regulation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board concluded the applicant is not authorized the GWOTEM. He was mobilized and deployed to Japan in support of OEF. The Board noted that Japan is not among the areas of eligibility for the GWOTEM specified in the governing regulation. The Board did not see evidence of eligibility for any other awards other than those addressed in the administrative notes below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X: X: X: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, with the exception of the corrections stated in the Administrative Note(s) that follow, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Correct the DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 9 June 2002 to add the LOM and GWOTSM. 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 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. The regulation directed for block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the soldier's records. 3. Army Regulation 600-8-22 states: a. 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. (1) 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. (2) The 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 one of the following criteria: * 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 AOE * is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time (3) Award of the GWOTEM is limited to Service members deployed abroad in support of OEF, OIF, OND, OFS in the following designated specific geographic areas of eligibility: Afghanistan, Algeria, Azerbaijan, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Burkina Faso, Chad, Colombia, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Guantanamo Bay (Cuba), Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo, Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Morocco, Niger, Nigeria, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Senegal, Sierra Leone, Somalia, Syria, Tajikistan, Tanzania, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 north latitude and west of 68 degree longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degree east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. b. 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. 4. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the ABCMR will consider individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record; it is not an investigative body.