ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 September 2019 DOCKET NUMBER: AR20170013822 APPLICANT REQUESTS: * Award of the Global War on Terrorism (Expeditionary) Medal (GWOTEM) * Annotation of foreign service credit 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) * DA Form 638 (Recommendation for Award) – Army Commendation Medal (Permanent Orders (PO) Number 135-342, dated 28 April 2003) * Permanent Orders 86-504 (Attachment/Temporary Change of Station (TCS) Orders) * Deployment Roster 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 he should have been awarded the GWOTEM. He also states his foreign service from deployment should reflect on his DD Form 214. He was deployed to Kuwait from 19 March 2003 to 30 April 2003. 3. The applicant provides a copy of an approved award of the Army Commendation Medal (PO 135-342, dated 28 April 2003) and Attachment/Temporary Change of Station Orders (PO 86-504) as evidence of his deployment to Kuwait in support of (ISO) of Operation Iraqi Freedom (OIF). 4. The applicant’s service records shows: a. He enlisted in the Regular Army on 30 April 2001. b. He served and deployed with Delta Battery, 1st Battalion (Patriot), 1st Air Defense Artillery, 11th Air Defense Artillery Brigade, Fort Bliss, Texas ISO OIF. c. Permanent Orders Number 135-342, dated 15 May 2003 awarded him the Army Commendation Medal for exceptionally meritorious achievement during combat operations ISO OEF for the period of 19 March 2003 to 30 April 2003. d. Section I – Assignment Information (Overseas/Deployment Combat Duty) of his Enlisted Record Brief and item 12f (Record of Service – Foreign Service) of his DD Form 214 are void of any information detailing his TCS in support of OEF. e. Item 13(Decorations, Medals, Badges, Citations and Campaign Ribbons) shows he was awarded or authorized: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon 5. Army Regulation (AR) 600-8-22 states a. The Global War on Terrorism (Expeditionary) Medal (GWOTEM) was established by Executive Order 13289, 12 March 2003 to recognize service members of the Armed Forces of the United States who are deployed abroad for service in the Global War on Terrorism on or after 11 September 2001 to a date to be determined. b. Specific operations approved for the GWOTEM are provided in paragraphs 2– 20d and 2–20f. The GWOTEM is only awarded once per named operation, regardless of the number of deployments and periods of service supporting that operation. Effective 9 February 2015 (retroactive to 11 September 2001), separate deployments and periods of service in support of different named operations are recognized by bronze service stars. c. Only Soldiers in a deployed status (for example, temporary change of station, TDY, WIAS) are eligible for the GWOTEM. Personnel supporting the Global War on Terrorism in a non-deployed status (for example, PCS), whether stationed at home (in the United States) or overseas, are eligible only for the GWOTSM. d. The GWOTEM will not be awarded to Soldiers who are deployed and/or mobilized to an approved AOE for the purpose of staging operations, with follow on movement into an area authorized its own campaign medal. 6. By regulation (AR 635-8 (Separation Processing and Documents)), item 12f of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” is entered in Item 18 of the application’s DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. His DA Form 638 shows he received an ARCOM for achievement while serving in Kuwait from 19 March 2003 through 30 April 2003. Based upon that documentation, the Board agreed there is sufficient evidence to grant relief. 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 30 January 2007 by: a. block 12f – adding the entry “00 01 12” b. block 13 – adding the Global War on Terrorism Expeditionary Medal; and c. block 18 – adding the statement “SERVICE IN KUWAIT 20030319 – 20030430” 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 (AR) 635-5 (Separation Documents) establishes the standardized policy for processing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s records. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)." 3. Army Regulation 600-8-22 states the Global War on Terrorism (Expeditionary) Medal (GWOTEM) was established by Executive Order 13289, 12 March 2003 to recognize service members of the Armed Forces of the United States who are deployed abroad for service in the Global War on Terrorism on or after 11 September 2001 to a date to be determined. Specific operations approved for the GWOTEM are provided in paragraphs 2–20d and 2–20f. The GWOTEM is only awarded once per named operation, regardless of the number of deployments and periods of service supporting that operation. Effective 9 February 2015 (retroactive to 11 September 2001), separate deployments and periods of service in support of different named operations are recognized by bronze service stars. Only Soldiers in a deployed status (for example, temporary change of station, TDY, WIAS) are eligible for the GWOTEM. Personnel supporting the Global War on Terrorism in a non-deployed status (for example, PCS), whether stationed at home (in the United States) or overseas, are eligible only for the GWOTSM. The GWOTEM will not be awarded to Soldiers who are deployed and/or mobilized to an approved AOE for the purpose of staging operations, with follow on movement into an area authorized its own campaign medal. //NOTHING FOLLOWS//