RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 April 2007
      DOCKET NUMBER:  AR20060014240


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to add a second Army Commendation
Medal (ARCOM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states he has orders for a second ARCOM, and he served in
Kuwait under conditions fit to be awarded the GWOTEM.

3.  The applicant provides two DA Forms 638 (Recommendation for Award); his
DD Form 214; and a Certificate of Achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant is requesting correction of an alleged error which
occurred on   1 August 2003.  The application submitted in this case is
dated 30 September 2006.

3.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

4.  The applicant enlisted in the Regular Army on 12 June 2001.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 14T (Patriot Missile Crewmember).

5.  The applicant deployed to Kuwait on 19 March 2003.

6.  11th Air Defense Artillery Brigade Permanent Order Number 135-364,
dated 29 April 2003, awarded the applicant the ARCOM.

7.  The applicant departed Kuwait on 2 June 2003.

8.  The applicant was honorably released from active duty on 1 August 2003.
 His DD Form 214 shows he was awarded one award of the ARCOM, three awards
of the Army Achievement Medal, two (erroneous) awards of the National
Defense Service Medal; and the Army Service Ribbon.

9.  31st Air Defense Artillery Brigade Permanent Order Number 03-253-02,
dated 7 October 2003, awarded the applicant a second ARCOM.

10.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM 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 (GWOT)
operations on or after 11 September 2001 to a date to be determined.

11.  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.  The
Secretary of Defense, when recommended by the Chairman, Joint Chiefs of
Staff, will designate the specific area of eligibility per qualifying
operation.  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 certain other criteria.

12.  Initial award of the GWOTEM is limited to service members deployed
abroad in Operations Enduring Freedom and Iraqi Freedom in the following
designated specific geographic areas of eligibility (AOE): Afghanistan,
Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete,
Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary,
Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT
operations not associated with operations qualifying for the Kosovo
Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger,
Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia,
Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab
Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10
degrees north latitude and west of 68 degrees 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 degrees east longitude and boarding and
searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and
Suez Canal.

13.  Army Regulation 600-8-22 states 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 the GWOT operations outside of
the
designated AOE on or after 11 September 2001 to a future date to be
determined.  Service members must be assigned, attached, or mobilized to
     a unit supporting designated operations for 30 consecutive days or for
              60 nonconsecutive days.

14.  Army Regulation 600-8-22 states the National Defense Service Medal is
awarded for honorable active service for any period between 27 June 1950
and 27 July 1954, both dates inclusive, between 1 January 1961 and 24
August 1974, both dates inclusive, between 2 August 1990 and 30 November
1995, both dates inclusive, and between 11 September 2001 to a date to be
determined.  A bronze service star will be worn to signify receipt of a
second or subsequent award.  A second or subsequent award is not authorized
for Soldiers who met the criteria in one time period, left active duty, and
returned during the same period of eligibility.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded two ARCOMS
and that he met the eligibility criteria for award of the GWOTEM and the
GWOTSM.  Therefore, these awards should be added to his DD Form 214.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 2003; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         31 July 2006.  The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence, it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

__jns___  __dkh___  __jgh___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  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 to show he
was awarded the Global War on Terrorism Expeditionary Medal, the Global War
on Terrorism Service Medal, and a second award of the Army Commendation
Medal.




                            __John N. Slone_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014240                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070419                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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