RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 FEBRUARY 2007
	DOCKET NUMBER:  AR20060007924 


	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.



Director

 

Analyst


The following members, a quorum, were present:



Chairperson



Member


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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, Iraq Campaign Medal, Novice Parachutist Badge, Army Achievement Medal (AAM), and two awards of the Army Commendation Medal (ARCOM).

2.  The applicant states that the above awards were missing from his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a memorandum, subject:  Statement of Wartime Service, dated 8 July 2003 and a DA Form 638 (Recommendation for Award).

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the Army Commendation Medal (1st Oak Leaf Cluster) and the Army Achievement Medal.  There are no orders or other evidence authorizing these awards.  In the absence of a proper award authority for these decorations, the applicant may request award of the Army Commendation Medal (1st Oak Leaf Cluster) and the Army Achievement Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, it will not be discussed further in the Record of Proceedings.

2.  The applicant’s record shows he enlisted in the Regular Army on 3 April 2001. He was honorably released from active duty after completion of 4 years,
7 months, and 9 days of active federal service under the provisions of Army Regulation 635-200, Chapter 9 (Alcohol Rehabilitation Failure) on 11 November 2005.

3.  The applicant's DD Form 214 does not list any foreign service in item 
12f and there is no information in item 18 "Remarks" indicating that the applicant was deployed.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Global War on Terrorism Service Medal.

4.  Statement of Wartime Service memorandum, dated 8 July 2003, certifies that the applicant was deployed to the Central Asian Joint Coalition Area of Operation, Afghanistan, in support of Operation Enduring Freedom from 
8 December 2002 to 9 July 2003.  
5.  The applicant provided the front side of his DA Form 638, dated 9 April 2003, to show that he was awarded the ARCOM.  The front side of this form, without an order number and verification from the approval authority, is not sufficient evidence to award the applicant the ARCOM.  However, the applicant’s Official Military Personnel File (OMPF) contains the ARCOM certificate with permanent order number 132-10, issued by Headquarters, 1st Brigade, 82d Airborne Division.  The certificate verifies that the applicant was awarded the ARCOM for meritorious service while serving with Task Force Devil during Operation Enduring Freedom, Afghanistan, from 1 December 2002 to 5 June 2003. 

6.  There is no documentation in the applicant’s file that shows he was deployed to Iraq.

7.  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.  Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom are eligible for this award. 

8.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Afghanistan Campaign Medal.  Award of the Afghanistan Campaign Medal is authorized for service in direct support of Operation Enduring Freedom on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility includes all land areas and air spaces of the country of Afghanistan.  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.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Afghanistan Campaign Medal and the GWOTEM for the same act, achievement or period of service.

9.  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.

10.  Army Regulation 635-5 (Personnel Separations) states that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter in item 18 "Service in (name of country deployed) from (inclusive dates for example, yyyymmdd - yyyymmdd)." 

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation also provides a list of all U.S. Army decorations medals, badges, citations, and campaign ribbons authorized and the order of precedence. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record verifies that the applicant was deployed to Afghanistan in support of Operation Enduring Freedom from 8 December 2002 to 9 July 2003.  Therefore he met the requirements for the award of the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Additionally, his deployment time in support of Operation Enduring Freedom is required to be listed on his DD Form 214.

2.  There is no evidence, and the applicant did not provide any, to show that he was deployed to Iraq and entitled to the award of the Iraq Campaign Medal.

3.  The military awards regulation does not show the award of the Novice Parachutist Badge.  Therefore, this award is not authorized to be listed on the applicant’s DD Form 214. 

4.  The ARCOM certificate with permanent order number 132-10 is sufficient evidence to correct the applicant’s records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___TK___  __LB ___  ___LD___  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 as follows:

a.  by awarding him the Afghanistan Campaign Medal;

b.  by adding in item 18, Operation Enduring Freedom, Afghanistan:         8 December 2002 to 9 July 2003; and

c.  by showing he was awarded the ARCOM.

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 the award of the GWOTEM, Iraq Campaign Medal, and the Novice Parachutist Badge.  




______Ted Kanamine________
          CHAIRPERSON




INDEX

CASE ID
AR20060007924
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.