IN THE CASE OF:	  

		BOARD DATE:	        13 AUGUST 2008

		DOCKET NUMBER:  AR20080007177 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  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. 

2.  The applicant states that he served in Iraq and was actually awarded the ARCOM. 

3.  The applicant provides a copy of his award of the ARCOM and a copy of his DD Form 214.

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.  He enlisted in the Regular Army on 11 May 2000 for a period of 3 years, training as a Multiple Launch Rocket System crewman, assignment to Europe and a cash enlistment bonus.

3.  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Sill, Oklahoma before being transferred to Germany.  He was advanced to the pay grade of E-4 on 1 January 2002.

4.  Information obtained from the Defense Finance and Accounting Service (DFAS) indicates that the applicant was deployed to Iraq on 9 March 2003 and served in Iraq in support of Operation Iraqi Freedom until 1 July 2003, when he was returned to his unit in Germany.

5.  On 1 October 2003, he was honorably released from active duty (REFRAD) due to completion of required active service.  He had served 3 years, 4 months and 21 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon and the Overseas Service Ribbon.

6.  The ARCOM was awarded to the applicant on 29 June 2003 in Permanent Orders Number 175-01 dated 25 June 2003, issued by Headquarters, 41st Field Artillery Brigade.  However, it was not included on his DD Form 214 at the time of his REFRAD.

7.  A review of the available records fails to show any derogatory information that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).  Additionally, there is no evidence to show that the commander disqualified him for award of the GCMDL.  

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

9.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

10.  Army Regulation 600-8-22 (Military Awards) states that 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 the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  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. 

11. Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for soldiers who deploy abroad for service in the Global War on Terrorism 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 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 area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, 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 area of eligibility 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. Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal 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  

12.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal (GWOTSM).  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal 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’s contention that his award of the ARCOM should be added to his records and that he should be awarded the GWOTEM and GWOTSM has been noted and appears to have merit.  The applicant was awarded the ARCOM and it was erroneously omitted from his DD Form 214 at the time of his REFRAD. Additionally, he was eligible for awards of the GWOTEM and the GWOTSM based on his service in Germany and his deployment to Iraq in support of Operation Iraqi Freedom.  Accordingly, it would be in the interest if justice to do so at this time.     







2.  The evidence of record also shows no derogatory information that would have disqualified him for award of the GCMDL.  Accordingly, he should be awarded the GCMDL for the period of 11 May 2000 to 10 May 2003.   

3.  However, the applicant’s contention that he should be awarded the CAB is not supported by either the evidence submitted with his application or the evidence of record.  Therefore, in the absence of evidence to show that he engaged the enemy in combat, it must be presumed that he is not entitled to that award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  ___XXX_  ___XXX__ 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 adding his award of the ARCOM to his records and by awarding him the GWOTEM, the GWOTSM and the GCMDL for the period of 11 May 2000 to 10 May 2003. 















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 CAB.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      ___        XXX                ___
                CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080007177



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ABCMR Record of Proceedings (cont)                                         AR20080007177



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