RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 September 2007
DOCKET NUMBER: AR20070005437
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
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jerome L. Pionk
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 records be corrected to show the Combat Action Badge (CAB), Global War on Terrorism Expeditionary Medal (GWOTEM), and Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states, in effect, that he was assigned to the 1st Battalion,
6th Infantry, 2nd Brigade Combat Team (BCT), 1st Armor Division in Iraq during 2003. He states that he is qualified for the CAB, GWOTEM, and GWOTSM but his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show these awards, it only reflects his time in Iraq.
3. The applicant provides a copy of his DD Form 214 and DA Form 638 (Recommendation for Award).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Requests for award of the Combat Action Badge must be forwarded to the Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471. This award may be requested by letter. All requests must contain the following: (1) assignment, attachment or operational control orders; (2) a copy of the Soldier's Enlisted Record Brief or DA Form 2-1 (Personnel Qualification Record); (3) a copy of the chain of command endorsement; (4) a one-page narrative description of the qualifying incident;
(5) a certified copy of the DD Form 214; and (6) supporting documentation. The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of this issue.
3. The applicant's military records show that he entered active duty on 6 March 2000. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 27E (Land Combat Electronic Missile System Repairer). He was honorably discharged from active duty on 5 March 2004 after serving 4 years of active military service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal, National Defense Service Medal, NATO Medal, and Kosovo Campaign Medal. However, it does not show the GWOTEM, and GWOTSM.
5. 18 (Remarks) of his DD Form 214 shows the entry "Service in Iraq
20030429 to 20031205."
6. Army Regulation 600-8-22 states that 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 Operations on or after 11 September 2001 to a date to be determined. It also states that the GWOTEM may be awarded posthumously. Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award. Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the GWOTEM and the GWOTSM because he served in Iraq during 2003.
2. The applicant's DD Form 214 shows that he did serve in Iraq during the period 2003429 to 20031205. Therefore, he is entitled to correction of his records to show GWOTEM.
3. In reference to the GWOTSM, the applicant does not meet the criteria for both awards, because you cannot use the same qualifying service to establish eligibility. Therefore, he is not entitled to correction of his records to show the GWOTSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___jlp___ ____lmd__ ___wdp_ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the GWOTEM.
2. The Board further determined that 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 the GWOTSM.
_________William D. Powers__________
CHAIRPERSON
INDEX
CASE ID
AR20070005437
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070925
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080014572
Although he served in Iraq from 11 December 2003 to 27 October 2004, there is no evidence in the applicant's military records, and the applicant did not provide any evidence which conclusively shows that he was personally present and actively engaging or being engaged by the enemy at any point during his service in Iraq. Therefore, he is entitled to award of the GWOTEM, and correction of his military records to show the award of the GWOTEM. While the sincerity of the applicant's claim to...
ARMY | BCMR | CY2009 | 20090005424
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Iraq Service Medal (assumed to be the Iraq Campaign Medal, or ICM), Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), Combat Action Badge (CAB), Combat Medical Badge (CMB). The applicant served on active duty during a time which entitled him to the GWOTSM. Since there is no evidence that he was personally present and...
ARMY | BCMR | CY2008 | 20080007177
The applicant requests that his DD Form 214 be corrected in block 13 to show awards of the Army Commendation Medal (ARCOM), the Combat Action Badge (CAB), the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal. The applicant states that he served in Iraq and was actually awarded the ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding his award of the ARCOM to his records...
ARMY | BCMR | CY2009 | 20090017325
Therefore, his records should be corrected to show these awards. Evidence of record shows the applicant was awarded the Iraq Campaign Medal in support of Operation Iraqi Freedom; therefore, he is not entitled to award of the GWOTEM for the same act, achievement or period of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his 29 March 2006 DD Form 214 the BSM, the CAB, and the MUC.
ARMY | BCMR | CY2005 | 20050003913C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Service Medal (GWOTSM), the Global War on Terrorism Expeditionary Medal (GWOTEM) and in effect, the Combat Action Badge (CAB). His DD Form 214 shows he was awarded the Army Commendation Medal (Second Award), the Presidential Unit Citation (Navy-Marine Corps), the Army Reserve Components Achievement Medal, the National Defense Service...
ARMY | BCMR | CY2012 | 20120006147
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge (CAB), Iraq Campaign Medal (ICM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Global War on Terrorism Service Medal (GWOTSM). The applicant's military record shows he was ordered to active duty in support Operation Iraqi Freedom as a member of the U.S. Army Reserve. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2013 | 20130013156
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show awards of the Iraq Campaign Medal, Joint Meritorious Unit Award (JMUA), Global War on Terrorism Expeditionary Medal (GWOTEM), Army Reserve Components Achievement Medal (ARCAM), and the Combat Action Badge (CAB). He had served 11 months and 13 days of active service and his DD Form 214 issued at the time of his REFRAD shows his awards as the ARCOM, National Defense Service...
ARMY | BCMR | CY2014 | 20140004578
The evidence of record shows the applicant qualified for award of the GWOTEM for his service in Kuwait/Iraq during the period 13 February through 18 March 2003. General orders awarded the applicant's unit the PUC (Army) for the period 19 March to 1 May 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his 29 March 2004 DD Form 214 by adding the * Global War on Terrorism Expeditionary Medal *...
ARMY | BCMR | CY2013 | 20130006389
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award or authorization to wear the: * Army Good Conduct Medal (AGCM) * Iraq Campaign Medal (ICM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Overseas Service Ribbon (OSR) * Overseas Service Bar (OSB) * Combat Action Badge (CAB) 2. The DD Form 214 he was issued at the time of his REFRAD shows in: a. item 12f (Foreign...
ARMY | BCMR | CY2006 | 20060005514C070205
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as master sergeant (MSG), E-8. Headquarters, United States Army Fort Dix, Orders Number 252-0030, dated 9 September 2005, released the applicant from active duty with an effective date of 11 October 2005. Orders Number 303-1019, dated 29 October 2004, show the applicant was promoted to MSG, E-8 with an effective date and date of rank of 1 October 2004.