IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150012877 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150012877 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214, dated 1 December 2003, to add the following awards: * Army Commendation Medal (First Oak Leaf Cluster) * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal 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 award of the Combat Action Badge without benefit of review by the U.S. Army Human Resources Command. _____________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. IN THE CASE OF BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150012877 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 effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal (First Oak Leaf Cluster) * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Combat Action Badge 2. The applicant states he was discharged on 1 December 2003, before his unit returned from Iraq. He states he was already out of the military when he received a DA Form 638 (Recommendation for Award) and an Army Commendation Medal Certificate for his service in Iraq. He was later sent another DA Form 638 awarding him an Army Commendation Medal for the expiration of his term of service (ETS); however, he never received the certificate. 3. The applicant provides: * DD Form 214, dated 1 December 2003 * DA Form 638, dated 15 June 2003 * DA Form 638, dated 11 August 2003 * Post Deployment Health Assessment * Defense Finance and Accounting Service Military Leave and Earnings Statement * Change of Rater Noncommissioned Officer Evaluation Report for the period covering April 2003 to November 2003 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 is requesting award of the Combat Action Badge. The ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice. There is no evidence in the available record showing that he has exhausted his administrative remedies for award of the Combat Action Badge. Therefore, he will be contacted in separate correspondence and no further reference will be made regarding this portion of his application in these Proceedings. 3. The applicant enlisted in the Regular Army (RA) for 3 years on 29 July 1997. He completed training as a cannon crewmember. He reenlisted in the RA for 4 years on 2 December 1999. 4. The applicant provides a DA Form 638, dated 15 June 2003, which shows that Permanent Order Number 287-39 was published on 21 October 2003, awarding him the Army Commendation Medal for exceptionally meritorious service while deployed in support of Operation Iraqi Freedom from 7 April 2003 to 1 October 2003. 5. He provides a DA Form 638, dated 11 August 2003, which shows that Permanent Order Number 240-40 was published on 28 September 2003, awarding him the Army Commendation Medal (First Oak Leaf Cluster) for exceptionally meritorious achievement service while assigned as an ammunition sergeant from 3 October 2002 to 1 December 2003. 6. On 1 December 2003, the applicant was released from active duty and he was transferred to the United States Army Reserve Control Group (Reinforcement). His DD Form 214 shows the following awards: * Army Lapel Button * Army Commendation Medal * Army Achievement Medal (Second Award) * Army Good Conduct Medal (Second Award * National Defense Service Medal * Noncommissioned Officers Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * Air Assault Badge * Driver and Mechanic Badge with Driver T Bar * Driver and Mechanic Badge with Driver W Bar REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Service Medal (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 Global War on Terrorism Expeditionary Medal, 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. b. 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 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. DISCUSSION: 1. The evidence of record shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) in Permanent Order Number 240-40, published on 28 September 2003. This award is not shown on his DD Form 214. 2. The available evidence shows he met the criteria for the GWOTSM and the GWOTEM, which are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012877 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012877 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2