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ARMY | BCMR | CY2005 | 20050004482C070206
Original file (20050004482C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050004482


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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, in effect, award of the Army Commendation Medal
(ARCOM) and Iraq Campaign Medal (ICM).

2.  The applicant states, in effect, that he honorably served in Iraq from
April 2003 to March 2004, and that he did not receive the ARCOM and ICM he
earned for this service.  He also states that the ARCOM was awarded to
every Soldier serving in the 1st Armored Division by direction of the
commanding general (CG) of the division.

3.  The applicant provides Department of the Army (DA), 315th Psychological
Operations Company, Memorandum for Record (MFR), dated 10 March 2004; and
his separation document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that after having completed 4
years,
7 months, and 10 days of prior inactive service, the applicant was ordered
to active duty in the United States Army Reserve (USAR) in support of
Operation Enduring Freedom on 28 February 2003.  He served until being
honorably released from active duty (REFRAD) and returned to the USAR on 5
April 2004, by reason of completion of required active service.

2.  The applicant’s record is void of any documents, or orders indicating
he was ever recommended for, or awarded the ARCOM by proper authority.

3.  The separation document that he was issued upon his REFRAD shows he
completed a 1 year, 1 month, and 8 days of active military service during
the period covered by the DD Form 214.  Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized) contains the
following list of awards:  Army Reserve Components Achievement Medal;
National Defense Service Medal; Armed Forces Reserve Medal with
Mobilization (“M”) Device; Noncommissioned Officer's Professional
Development Ribbon; Army Service Ribbon; and the Driver and Mechanic Badge
with Driver-W Bar.

4.  Item 18 (Remarks) of the applicant’s separation document confirms he
served in Iraq from 15 April through 1 December 2003 and from 16 December
2003 through 10 March 2004.

5.  The applicant provides a MFR from the 315th Psychological Operations
Company, dated 10 March 2004.  This document indicates that during
Operation Iraqi Freedom, the applicant served with 3rd Infantry Division
from 15 April through 5 June 2003 and with the 1st Armored Division from 6
June 2003 to
10 March 2004.  This document further authorized him to wear the Shoulder
Sleeve Insignia for Former Wartime Service (SSI-FWTS) and Overseas Service
Bar.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 3-16 provides
that the ARCOM may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after 6
December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

7.  HRC Message, dated 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 (GWOT) operations outside
of the designated Area of Eligibility (AOE) 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.

8.  HRC, Military Awards Branch Message, dated 8 April 2005 provided the
following implementing instructions for award of the ICM.  Award of the ICM
was authorized for service in direct support of Operation Iraqi Freedom on
or after 19 March 2003 to a future date to be determined by the Secretary
of Defense or the cessation of the operation.

9.  For ICM purposes, the AOE encompasses all land area of the country of
Iraq and the contiguous sea area out to 12 nautical miles and the air space
above these areas.  To qualify for award of this campaign medal, service
members must have been assigned or attached to or mobilized with units
operating in these AOEs for 30 consecutive days or for 60 non-consecutive
days or meet one of the following criteria:  a) be engaged in combat during
an armed engagement, regardless of the time in the AOE; b) be medically
evacuated from the area of eligibility for wounds or injuries resulting
from participation in an operation or official duties; or c)  participates
as a regularly assigned air crewmember flying
sorties into, out of, within or over the AOE in direct support of the
military operations [each day of operations counts as one day of
eligibility].  This campaign medal may be awarded posthumously.

10.  The 8 April 2005 HRC, Military Awards Branch message providing the ICM
implementing instructions also specified that the award may be authorized
for any individual.  Service stars are not prescribed for wear with this
medal; however, the ICM may be awarded with the bronze arrowhead device to
eligible Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that while serving as a member of the
USAR, the applicant entered active duty, in support of Operation Enduring
Freedom, on 28 February 2003, and served in Iraq from 15 April through 1
December 2003 and from 16 December 2003 through 30 March 2004.

3.  Based on the more than 30 days of qualifying active duty service the
applicant completed in support of the GWOT outside an authorized AOE
between
28 February and 14 April 2003, he is entitled to the GWOTSM.  Further,
based on his service in Iraq, an authorized AOE, he is also entitled to the
ICM.  As a result, it would be appropriate to correct his record to show
his entitlement to these awards.

4.  By regulation, in order to support award of the ARCOM a formal
recommendation for the award must be submitted, approval through the chain
of command must be obtained, the award must be approved by the proper
authority, and announced in orders.

5.  In this case, the evidence provides no indication the applicant was
ever recommended for, or awarded the ARCOM by proper authority, and the
applicant has failed to provide any independent evidence to support his
claim that the CG, 1st Armored Division directed award of the ARCOM to all
Soldiers, which would be contrary to the Army’s awards policy.  As a
result, there is an insufficient evidentiary basis to support adding the
ARCOM to his record at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JTM__  __ML___  __RGS__  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 that he is entitled to the Iraq Campaign
Medal and Global War on Terrorism Service Medal; and by providing him a
corrected separation document that includes these awards.

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
awarding the applicant the Army Commendation Medal.




            ____John T. Meixell_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004482                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |HONORABLE                               |
|DATE OF DISCHARGE       |2004/04/05                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Completion of required service          |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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