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 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. 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.