RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017281 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 correction of his records to show award of the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, and the Combat Action Badge.

2.  The applicant states that his DD Form 214 (Certificate of Release or Discharge From Active Duty) does not list the awards and that he needs it updated for employment verification and his own preference.

3.  The applicant provides a copy of his DD Form 214, dated 21 March 2004, in support of his application. 

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 requests retroactive award of the Combat Action Badge; however, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) to show entitlement to this award.  In the absence of authority for this award, he may request retroactive award of the Combat Action Badge through the Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471.  This award may be requested by letter and must contain the following:

	a.  Assignment, attachment or operational control orders; 

	b.  A copy of the Soldier's Enlisted Record Brief;

	c.  A copy of the chain of command endorsement;

	d.  A one-page narrative description of the qualifying incident;
	e.  A certified copy of the DD Form 214; and

	f.  Any other supporting documentation.

3.  The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of the Combat Action Badge in this Record of Proceedings.

4.  The applicant's records show that he enlisted in the Hawaii Army National Guard (HIARNG) on 8 May 2000.  He was ordered to initial active duty for training (IADT) on 1 June 2000, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  He was released from active duty on 22 September 2000 and reverted back to his ARNG status.  He subsequently enlisted in the Regular Army for a period of 3 years on 22 March 2001 and was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 21 March 2004.

5.  The applicant's record further shows that he served in Iraq from 28 February 2003 to 16 October 2003.  

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Achievement Medal; the Army Commendation Medal; the Good Conduct Medal; the National Defense Service Medal; the Army Service Ribbon; one Overseas Service Bar; the Air Assault Badge; the Driver and Mechanic Badge; and the Expert Marksmanship Qualification Badges with Rifle (M-4), Machine Gun       (M-240 and M-249), Rocket Launcher (AT-4 and M-203), and Grenade Bars.  Item 13 does not shows award of the Global War on Terrorism Service Medal, Expeditionary Medals, or the Iraq Campaign Medal.

7.  The Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289, 12 March 2003.  It 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.  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.  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 one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or 
(2) while participating in the designated operation, regardless of time, is killed, wounded or injured requiring medical evacuation from the AOE; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.  The GWOTEM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal 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.  

8.  The Global War on Terrorism Service Medal (GWOTSM) was established by Executive Order 13289, 12 March 2003.  It is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 non- consecutive days, or meet one of the following criteria: (1) limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; or (2) 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  non-consecutive days are authorized the GWOTSM.  The GWOTSM 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 period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.

9.  The Iraq Campaign Medal was authorized by Public Law 108–234, 28 May 2004 and Executive Order 13363, 29 November 2004, as amended by Executive Order 13289, 12 March 2003.  Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  The Iraq Campaign Medal may be awarded posthumously.  Only one award of this medal may be authorized for any individual.  Under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (1) Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) While participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility, and (3) While participating 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.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his record to show this award.

2.  Evidence of record further shows that he served in Iraq from 28 February 2003 to 16 October 2003, in support of Operations Enduring Freedom/Iraqi Freedom.  Therefore, he served a qualifying period of award of the Iraq Campaign Medal. 

3.  By law, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  Since the applicant requested and was awarded the Iraq Campaign Medal, he is therefore not entitled to award of the Global War on Terrorism Expeditionary Medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___tsk__  __jlp___  __dwt___  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 that, in addition to those awards currently shown on his DD Form 214, his authorized awards include the Global War on Terrorism Service Medal and the Iraq Campaign Medal.

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 award of the Global War on Terrorism Expeditionary Medal.



							TSK
      	______________________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017281



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508