RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 August 2007
      DOCKET NUMBER:  AR20070002390


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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, in effect, awards he may be entitled to as a
result of his service in Iraq, Kuwait, Qatar, and Africa.

2.  The applicant states, in effect, that he was deployed to Iraq from
April 2003 through November 2004 and that he was deployed to Kuwait, Qatar,
and Africa while assigned to Calvary Troop B from April 2002 through
October 2002 and that he is entitled to the appropriate awards for those
deployments.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is requesting correction of an alleged error which
occurred on
7 February 2004, the date of his release from active duty.  The application
submitted in this case is dated 31 January 2007.

3.  On 8 February 2001, the applicant enlisted in the Regular Army.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 19D (Cavalry Scout).  The
highest rank he attained while serving on active duty was Private First
Class (E-3).

4.  Item 18 of the applicant’s DD Form 214, (Remarks) shows that he served
from 12 April 2002 to 17 October 2002 in support of Operation Enduring
Freedom and that he served from 26 April 2003 to 11 November 2003 in
support of Operation Iraqi Freedom.



5.  On 7 February 2004, the applicant was honorably released from active
duty after completing a total of 3 years of active military service.  The
DD Form 214 he was issued shows he that earned the following awards during
his active duty tenure:  the Army Achievement Medal, the National Defense
Service Medal, the Air Assault Badge, and the Army Service Ribbon.

6.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows that he
completed 1 year and 22 days of foreign service.

7.  An email, dated 6 August 2006, subject: Eminent Hazard Pay, obtained
from the Defense Finance and Accounting Service (DFAS) shows that the
applicant received hostile fire pay (HFP) and the combat zone tax exclusion
(CTZE) while in Kuwait from April 2002 through October 2002 and that he
received HFP and CZTE from May 2002 through November 2003 while serving in
Iraq.  The email also states that there is no evidence that he served in
Africa.

8.  There is no evidence in the applicant’s service personnel record that
shows that he was awarded the Iraq Campaign Medal (ICM).  Item 13 of the
applicant's DA Form 214 also does not show award of the ICM.

9.  There is no evidence in the applicant’s service personnel record that
shows he was awarded the Global War on Terrorism Service Medal (GWOTSM).
Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 also does not show
award of the GWOTSM.

10.  There is no evidence in the applicant’s service personnel record that
shows he was awarded the Global War on Terrorism Expeditionary Medal
(GWOTEM).  Item 13 (Decorations, Medals, Badges, Citations, and Campaign
Ribbons Awarded or Authorized) of the applicant's DD Form 214 also does not
show award of the GWOTEM.

11.  Military Awards Branch Message [dated 8 April 2005] provides the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is authorized for service in direct
support of Operation Enduring Freedom on or after 24 October 2001 to a
future date to be determined by the Secretary of Defense or the cessation
of the operation.  The area of eligibility includes all land areas and air
spaces of the country of Iraq.  To qualify for award of this campaign
medal, service members must have been assigned or attached to or mobilized
with units operating in these areas of eligibility for

30 consecutive days or for 60 non-consecutive days or meet one of the
following criteria:  a) be engaged in combat during an armed engagement,
regardless of the time in the area of eligibility; b) is medically
evacuated from the area of eligibility for wounds or injuries resulting
from participation in an operation or official duties; or c)  participates
as a regularly assigned air crewmember flying sorties into, out of, within
or over the area of eligibility in direct support of the military
operations [each day of operations counts as one day of eligibility].  This
campaign medal may be awarded posthumously.

12.  Human Resources Command Message, dated 17 March 2004, disseminated
implementing instructions for award of the GWOTSM.  This award is
designated for Soldiers who have participated in or served in support of
GWOT operations outside of the designated AOE determined for award of the
GWOTEM on or after
11 September 2001 to a date to be determined.  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 this
award.  Soldiers may receive both the GWOTSM and GWOTEM if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.

13.  HRC Message, dated 17 March 2004, disseminated implementing
instructions for award of the GWOTEM for Soldiers deployed abroad for
service in GWOT operations on or after 11 September 2001 to a date to be
determined.  To be eligible for this award a Soldier must be mobilized with
or assigned or attached to a unit participating in designated operations
for 30 consecutive days or for 60 nonconsecutive days in the areas of
eligibility (AOE) designated, or must meet one of the following criteria:
a)  be engaged in actual ground combat against the enemy and under
circumstances involving grave danger of death or serious bodily injury from
enemy action, regardless, of the time in the AOE; b) while participating in
the designated operation, regardless of time, is killed or wounded/injured
requiring medical evacuation from the AOE, or c) participate as a regularly
assigned air crew member flying sorties for 30 consecutive days or 60
nonconsecutive days into, out of, within, or over the AOE in direct support
of Operations Enduring Freedom and/or Iraqi Freedom.  The message also
states that under no condition will any Soldier in the United States
receive this award.

14.  HRC Message, dated 17 March 2004, disseminated implementing
instructions for award of the GWOTSM.  This award is designated for
Soldiers who have participated in or served in support of GWOT operations
outside of the designated AOE determined for award of the GWOTEM on or
after
11 September 2001 to a date to be determined.  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 this
award.  Soldiers may receive both the GWOTSM and GWOTEM if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to awards for service in Kuwait,
Qatar, Africa, and Iraq.

2.  Evidence shows the applicant participated in Operation Enduring Freedom
in Kuwait during the period of 12 April 2002 through 17 October 2002.
Therefore, he is entitled to award of the GWOTEM.

3.  Evidence shows the applicant participated in Operation Iraqi Freedom in
Iraq during the period of 26 April 2003 through 11 November 2003.
Therefore, he is entitled to award of the ICM.

4.  Records show that the applicant participated in Global War on Terrorism
Operations outside of the AOE during the period of 11 September 2001
through 11 April 2002.  Therefore, he is entitled to award of the GWOTSM.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

___MJF__  ___LWR_  ___DWS_  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of the ICM, GWOTSM, and the GWOTEM.




                                  _____Michael J. Flynn_____
                                            CHAIRPERSON
INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/14                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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