IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005939 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, in six separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. in item 12f (Foreign Service): 6 months and 11 days; b. in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Iraq Campaign Medal (ICM) with two bronze service stars * Overseas Service Ribbon (OSR) * Global War On Terrorism Expeditionary Medal (GWOTEM) * Presidential Unit Citation (PUC) c. in item 18 (Remarks): Service in Iraq/Kuwait from 20030106 to 20030716. 2. The applicant states he wants his DD Form 214 to reflect his service to his country accurately. 3. The applicant provides copies of: * "PERSTEMPO" (Personnel tempo) Unassociated Soldier Events History Listing * Permanent Orders 110-15, U.S. Army Human Resources Command, dated 20 April 2009 (4 pages) 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 12 February 2002 the applicant enlisted in the Regular Army. He was trained as a combat engineer. 3. On 10 July 2002 the applicant was assigned for duty with the 317th Engineer Battalion. He attained the rank of specialist, pay grade E-4 on 12 February 2004. 4. The applicant provided his PERSTEMPO statement that shows he served overseas during a peacekeeping operation from 6 January to 16 July 2003 (6 months and 11 days). 5. On 15 June 2004 the applicant was discharged. His DD Form 214, as previously corrected by a DD Form 215 (Correction to DD Form 214) shows in: a. item 12f: 0 years, 6 months, and 11 days; b. item 13: * Global War on Terrorism Service Medal * National Defense Service Medal * Army Service Ribbon * ICM with two bronze service stars * OSR c. item 18: Served in a designated imminent danger pay area//Service in Iraq 20030106-20030716. 6. Permanent Orders 110-15, HRC, dated 20 April 2009, announced award of the PUC to the 317th Engineer Battalion for the period 19 March to 1 May 2003. 7. Army Regulation 600-8-22 (Military Awards) provides that service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected by showing: a. in Item 12f: 6 months and 11 days; b. in item 13: * ICM with two bronze service stars * OSR * GWOTEM * PUC c. in item 18: Service in Iraq/Kuwait from 20030106 to 20030716. 2. The available evidence of record shows that, except for the GWOTEM and PUC, all of his issues were previously corrected and require no further action. 3. The available evidence shows the applicant was awarded the ICM with two bronze service stars for his service in Iraq. Therefore, he does not qualify for award of the GWOTEM. However, if he prefers to have the GWOTEM, he must request the removal of the ICM with 2 BSS from his record. He cannot have both medals for the same period of service. 4. Permanent orders show that the applicant’s unit was awarded the PUC during his period of assignment to the unit. Therefore, this medal should be added 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 the PUC to his DD Form 214. 2. The Board further determined that the evidence presented was 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 any corrections in excess of the relief recommended above. _____________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) AR20140000790 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005939 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1