ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 December 2019 DOCKET NUMBER: AR20180004873 APPLICANT REQUESTS award of: * Armed Forces Expeditionary Medal * Iraq Campaign Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders T-01-200591 dated 15 January 2002 * Three DA Form 2166-8 (NCO Evaluation Report) * Orders 156-604 dated 5 June 2002 * Orders 324-084 dated 20 November 2002 * Permanent Order #174-341 dated 23 June 2003 * Order 296-05 dated 23 October 2003 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 104-010 dated 14 April 2005 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 (ABCMR) 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 was in the process of joining the Disabled American Veterans (DFW) and the Veterans of Foreign Wars (VFW) when he was notified that he was missing items from his service record that he should have been automatically granted. The error likely occurred because he effectively deployed for 2 years with three different units. He is requesting: * award of the Armed Forces Expeditionary Medal for service in Operation Desert Spring * award of the Iraq Campaign Medal for service in Iraq during Phase I * award of the Global War on Terrorism Service Medal for service at the Foreign Military Studies Office * award of the Global War on Terrorism Expeditionary Medal for service in Operation Echo Dancer 3. The applicant provides: a. Orders T-01-200591, dated 15 January 2002, ordered the applicant to active duty for training (ADT) for a period of 30 days with a 21 January 2002 report date. b. Three DA Form 2166-8 for the following periods: * January 2001 thru January 2002 – which indicated the applicant prepared and trained for Operation Desert Springs * January 2002 thru April 2002 – noted the applicant serves as an Intelligence Analyst for Southeast Asia as the National/DoD Joint Level specializing in regionally-based terrorist and extremist organizations in Southeast Asia * October 2004 thru September 2005 – applicant was identified as the communications expertise sought after by high ranking officer during Operation Echo Dancer c. Orders 156-604, dated 5 June 2002, ordered the applicant to active duty in support of Operation Desert Spring for a period of 270 days with a report date of 10 June 2002. d. Orders 324-084 dated 20 November 2002, ordered the applicant to active duty in support of contingency Operation Enduring Freedom for a period of 730 days with a report date of 1 December 2002. e. Permanent Order #174-341, dated 23 June 2003, awarded the applicant the Combat Infantryman Badge for the period of service between 21 March 2003 and 15 May 2003 for satisfactory performance of duty while under hostile fire. f. Order 296-05, dated 23 October 2003, released the applicant from active duty with an effective date of 30 November 2003. g. His DD Form 214, with a separation date of 30 November 2003, which indicated in Block 18 (Remarks) the applicant was ordered to active duty in support of Operation Noble Eagle and Enduring Freedom. h. Orders 104-010, dated 14 April 2005, ordered the applicant to ADT from 16 May 2005 to 2 June 2005 for a JCS Exercise with a report to Kingwood, WV/Abu Dhabi, UAE. 4. A review of the applicant’s service record shows: a. Having had prior service in the Regular Army, he enlisted in the Maryland Army National Guard (MDARNG). b. The Personnel Qualification Record in his service record only cover his period of active service. An Enlisted Record Brief could not be located that covered his time in the MDARNG. c. Orders T-01-200591, dated 15 January 2002, ordered the applicant to active duty for training (ADT) for a period of 30 days with a 21 January 2002 report date. d. Orders 156-604, dated 5 June 2002, ordered the applicant to active duty in support of Operation Desert Spring for a period of 270 days with a report date of 10 June 2002. e. Orders 324-084 dated 20 November 2002, ordered the applicant to active duty in support of contingency Operation Enduring Freedom for a period of 730 days with a report date of 1 December 2002. f. Order 296-05, dated 23 October 2003, released the applicant from active duty with an effective date of 30 November 2003. g. Orders 302-074, dated 29 October 2003, amended Orders 324-084 from period of active duty of 20 November 2002 to 18 November 2004 to read 20 November 2002 to 30 November 2003. h. The first DD Form 214 covers his period of active service and shows he was honorably released from active duty on 29 July 1989. He served four years on active duty with 2 years of foreign service. i. The following DD Form 214 covers a period from his time in the MDARNG. He was honorably released from active duty on 23 October 2002. His DD Form 214 shows he completed 4 months and 19 days of active service. It also shows he was ordered to active duty on Orders #156-604 with service in Kuwait from 25 June 2002 to 28 September 2002. He was awarded or authorized: * National Defense Service Medal (2nd Award) * Armed Forces Reserve Medal * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge j. The last DD Form 214, also submitted by the applicant, shows he was honorably released from active duty on 30 November 2003. He served 1 year and 11 days of active service with no time reflected in foreign service (Block 12f). There are no awards or decorations listed in Block 13. Block 18 (Remarks) noted he was ordered to active duty in support of Operation Noble Eagle and Enduring Freedom. 5. On 13 December 2019, a member of the Defense Finance and Accounting (DFAS) staff provided email verification for foreign service and confirmed the applicant served in Iraq from 26 Jun3 2001 to 14 September 2002 and Kuwait, from 23 March 2003 to 15 September 2003. 6. By regulation (AR 600-8-22): a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. c. 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. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait. d. 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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 7. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicants and found within the military service record, the Board made the following findings and recommendations: * Armed Forces Expeditionary Medal – GRANT, based upon the applicant’s service as part of Operational Spring service * Iraq Campaign Medal – GRANT, based upon Permanent Order #174-341 showing the applicant served in a hostile fire environment from 21 March 2003 to 15 May 2003 * Global War on Terrorism Expeditionary Medal – DENY, based upon the applicant’s deployment to UAE lasting 18 days and to be eligible for the GWOTEM, deployments must reach 30 days in length. * Global War on Terrorism Service Medal – GRANT, based upon his military service * Foreign Service – add 5 months, 24 days to final DD Form 214 based upon the DFAS deployment verification email BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : : GRANT FORMAL HEARING : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding: * Armed Forces Expeditionary Medal * Iraq Campaign Medal * Global War on Terrorism Service Medal 2. Additionally, the Board determined that there was sufficient evidence to show that block 12f of the applicant’s DD Form 214, ending date 30 November 2003, was entered in error and should be corrected to read, “0000 05 24”. 3. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Global War on Terrorism Expeditionary Medal. 3/17/2020 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 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 Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) c. 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. 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 other, specified criteria. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait. d. 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. 3. Army Regulation 635-5 (Separation Documents – Personnel Separations) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. NOTHING FOLLOWS