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ARMY | BCMR | CY2005 | 20050006985C070206
Original file (20050006985C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 January 2006
      DOCKET NUMBER:  AR20050006985


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Combat
Infantryman Badge, the Purple Heart, and any awards and decorations to
which he may be entitled.  He also requests that his dates of service in
Iraq be shown on his DD Form 214.

2.  The applicant states he was assigned to Company B, 1st Battalion of the
9th Cavalry during his assignment in Iraq.  He contends he was awarded the
Combat Infantryman Badge on 6 January 2004 and awarded the Purple Heart on
16 April 2004.

3.  The applicant provides deployment orders, dated 18 August 2003; a
Memorandum for Record, dated 25 May 2004; orders for the Combat Infantryman
Badge, dated 6 January 2004; orders and an award certificate for the Purple
Heart, dated 16 April 2004; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 15 January 2002.  He served as an infantryman
in Iraq in support of Operation Iraqi Freedom and was honorably discharged
for parenthood on 14 July 2004.

2.  The applicant's DD Form 214 shows the Army Lapel Button, the Global War
on Terrorism Service Medal, the National Defense Service Medal, and the
Army Service Ribbon as authorized awards.  Item 12f (Foreign Service) on
his DD Form 214 shows the entry, "0000 00 00."

3.  Headquarters, 1st Brigade, 1st Infantry Division (Mechanized) Permanent
Order Number 006-20, dated 6 January 2004, shows the applicant received the
Combat Infantryman Badge.

4.  Headquarters, Task Force 82, MND-W Permanent Order Number 107-121,
dated 16 April 2004, shows the applicant was awarded the Purple Heart for
wounds received as a result of enemy or hostile action on 24 January 2004.

5.  Records show the applicant deployed to Iraq in support of Operation
Iraqi Freedom on 10 September 2003 and returned to the United States on 1
March 2004, a total of 7 months and 20 days.

6.  On 29 November 2005, the applicant was notified by separate
correspondence that he was eligible for the Global War on Terrorism
Expeditionary Medal and the Iraq Campaign Medal for qualifying service in
Iraq; however, he could only receive one of these service medals in
recognition for his service in Iraq.  The applicant responded and requested
award of the Iraq Campaign Medal.

7.  Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214.  The regulation states, in pertinent
part, that the total amount of foreign service completed during the period
covered by the DD Form 214 will be entered in item 12f.  The regulation
also states, in pertinent part, that the country and dates of deployment
for an active duty Soldier deployed with his or her unit during their
continuous period of active service will be shown in item 18 on the DD Form
214.

8.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is 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.  The area of eligibility 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 areas of eligibility 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 area of eligibility; 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 area of
eligibility in direct support of the military operations [each day of
operations counts as one day of eligibility].  This campaign medal may be
awarded posthumously.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge and the
Purple Heart.

2.  Records show the applicant served in Iraq from 10 September 2003 to
1 March 2004.  Therefore, item 12f on his DD Form 214 should be corrected
to show he served 7 months and 20 days of foreign service and item 18 on
this DD Form 214 should be corrected to show his dates of service in Iraq.


3.  Based on his service in Iraq in support of Operation Iraqi Freedom, the
applicant is entitled to award of the Iraq Campaign Medal.

BOARD VOTE:

KW_____  __DD___  _QS_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  deleting the entry in item 12f on his DD Form 214;

      b.  adding the entry, "0000 07 20" in item 12f on his DD Form 214;

      c.  amending item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show he was
awarded the Combat Infantryman Badge, the Purple Heart, and the Iraq
Campaign Medal; and

      d.  adding the entry, "SERVICE IN IRAQ FROM 20030910 TO 20040301” in
item 18 on his DD Form 214.



            ___Kenneth Wright_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006985                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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