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ARMY | BCMR | CY2006 | 20060004837C070205
Original file (20060004837C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 November 2006
      DOCKET NUMBER:   AR20060004837


      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             |
|     |Mr. Andrew C. Jacobs              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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, that he be awarded the Iraq Campaign
Medal, the Global War on Terrorism Expeditionary Medal, the Global War on
Terrorism Service Medal, and the Combat Action Badge.

2.  The applicant essentially states that he was discharged before these
awards were awarded to him.  He also states, in effect, that he served in
Operation Noble Eagle and Operation Iraqi Freedom.  He continued by
essentially stating that he is a disabled combat veteran who wears his
dress green uniform from time to time, and would like to have the correct
awards on his uniform.

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge From Active Duty) which was issued at the time of his release
from active duty on 20 October 2002, his DD Form 214 which was issued at
the time of his release from active duty on 9 February 2004, his Honorable
Discharge Certificate, and four pictures which appear to have been taken in
Iraq in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 July 2004, the date of his discharge from the United States
Army Reserve. The application submitted in this case is dated 28 March
2006.

2.  The applicant requested correction of his records to show the award of
the Combat Action Badge.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Combat Action Badge through the United States Army Human Resources Command
Military Awards Branch.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration and, as a
result, the Combat Action Badge will not be discussed further in this
Record of Proceedings.

3.  Item 18 (Remarks) of the applicant’s DD Form 214 that was issued at the
time of his release from active duty on 20 October 2002 shows, in pertinent
part, that he was ordered to active duty in support of Operation Noble
Eagle.  This
DD Form 214 shows that he served on active duty from 7 January 2002 to
20 October 2002.  However, Item 13 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of
this DD Form 214 does not show that he was awarded the Global War on
Terrorism Service Medal.
4.  Item 18 of the applicant’s DD Form 214 that was issued at the time of
his release from active duty on 9 February 2004 shows, in pertinent part,
that he was ordered to active duty in support of Operation Enduring Freedom
and Operation Iraqi Freedom.  It also shows that he served in Southwest
Asia from 25 April 2003 to 24 December 2003, and that he served in an
imminent danger pay area. However, this document does not show that he was
awarded the Iraq Campaign Medal or the Global War on Terrorism
Expeditionary Medal.

5.  The applicant provided a picture of a Soldier, which is believed to be
the applicant, which was taken at the Swords of Qādisiyyah [Hands of
Victory] Monument in Baghdad, Iraq.

6.  The applicant’s OMPF shows that he only deployed overseas one time,
which was his 8-month deployment to Southwest Asia.

7.  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.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for soldiers who deploy abroad for service in
the Global War on Terrorism Operations on or after 11 September 2001 to a
date to be determined.  To be eligible for this award a Soldier must be
mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a)  be engaged in actual ground combat against the enemy and
under circumstances involving grave danger of death or serious bodily
injury from enemy action, regardless, of the time in the area of
eligibility; b) while participating in the designated operation, regardless
of time, is killed or wounded/injured requiring medical evacuation from the
area of eligibility, or c) participate as a regularly assigned air crew
member flying sorties for 30 consecutive days or 60 nonconsecutive days
into, out of, within, or over the area of eligibility in direct support of
Operations Enduring Freedom and/or Iraqi Freedom.  The message also states
that under no condition will any Soldier in the United States receive this
award.

9.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  This award is designated for Soldiers who have
participated in or served in support of Global War on Terrorism Operations
outside of the designated area of eligibility determined for award of the
Global War on Terrorism Expeditionary Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Iraq Campaign
Medal, the Global War on Terrorism Expeditionary Medal, and the Global War
on Terrorism Service Medal.

2.  The applicant served on active duty from 7 January 2002 to 20 October
2002, which was during a qualifying period of service for award of the
Global War on Terrorism Service Medal.  Therefore, he is entitled to award
of the Global War on Terrorism Service Medal, and correction of his
military records to show the award of the Global War on Terrorism Service
Medal.

3.  The fact that the applicant deployed to Southwest Asia for 8 months
from
25 April 2003 to 24 December 2003, and that he provided a photograph which
shows that he was in Baghdad, Iraq, are sufficient proof that he served at
least 30 consecutive days in Iraq during a qualifying period of service for
award of the Iraq Campaign Medal.  Therefore, he is entitled to award of
the Iraq Campaign Medal, and correction of his military records to show the
award of the Iraq Campaign Medal.


3.  As the applicant only deployed overseas to a contingency operation
once, and that he was awarded the Iraq Campaign Medal for this deployment
to Iraq, there is no basis for awarding the Global War on Terrorism
Expeditionary Medal to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JM____  ____SP_  ___DP __  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 awarding him the Iraq Campaign Medal and the
Global War on Terrorism Service Medal.

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 him the Global War on Terrorism Expeditionary Medal.




                                  ______John Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004837                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20040209                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 4                        |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |107.0140.0000                           |
|2.                      |107.0137.0000                           |
|3.                      |107.0138.0000                           |
|4.                      |107.0143.0000 (Sec. 1130 Ltr)           |
|5.                      |110.0400.0000                           |
|6.                      |                                        |


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