IN THE CASE OF:	

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150002420


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 correction of his DD Form 214 (Certificate of Release from Active Duty) by showing:

* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Combat Infantryman Badge (CIB)
* Any other awards or decorations he may have earned

2.  The applicant states he served on active duty during and after 11 September 2001.  He had to secure the post and defend it against the enemy until his discharge.  He was on security detail for gate security.

3.  The applicant provides a copy of his DD Form 214 (Member Copy 4)

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.  On 5 August 1998, the applicant enlisted in the Regular Army.  He was subsequently trained for duty as an indirect fire infantryman and awarded the corresponding military occupational specialty (MOS) of 11C.

3.  On or about 8 May 2000, the applicant was assigned for duty as an assistant gunner with the 2nd Battalion, 63rd Armor Regiment, located in Vilseck, Federal Republic of Germany (FRG).

4.  Permanent Orders 172-1, 2nd Battalion, 63rd Armor Regiment, dated 21 June 2001, announced the applicant’s award of the Driver and Mechanic Badge with Driver “T” Component Bar  He earned this badge for performing duty as track driver for 12 months without any accidents.

5.  On 4 August 2002, the applicant was released from active duty.  He had completed 4 years of active duty service and attained the rank of corporal, pay grade E-4.  His DD Form 214 shows his awards as:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* German Marksmanship Badge (Gold)

6.  Army Regulation 600-8-22 (Military Awards):

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	b.  The regulation further 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; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, 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 to qualify for award of the GWOTEM.  The GWOTEM may be awarded posthumously.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

	c.  Initial award of the GWOTEM was 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, Yemen, 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.  The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE.

	d.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 
30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

	e.  This regulation states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing: 

* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Combat Infantryman Badge (CIB)
* Any other awards or decorations he may be authorized

2.  The evidence of record shows that the applicant was awarded an infantry MOS.  However, he was assigned to an armor battalion/regiment in the FRG.  There is no available evidence showing he was ever assigned to a combat theater as a member of an infantry unit of regimental size or smaller.  Therefore, his request for award of the CIB should be denied.

3.  There is no available evidence showing the applicant served in a qualifying location for the requisite period for award of the GWOTEM.  Therefore, this medal should not be shown on his DD Form 214.

4.  The evidence of record shows the applicant served during a qualifying period for award of the GWOTSM.  Therefore, this medal should be shown on his 
DD Form 214.

5.  The evidence of record shows the applicant was awarded the Driver and Mechanic Badge with “T” Component Bar.  Therefore, this badge should be shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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 to his DD Form 214 the:

* Global War on Terrorism Service Medal
* Driver and Mechanic Badge with “T” Component Bar

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 GWOTEM and the Combat Infantryman Badge.



      ___________X____________
               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)                                         AR20130004321



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ABCMR Record of Proceedings (cont)                                         AR20150002420



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