RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060009958 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show his rank as sergeant; to include military occupational specialty (MOS) 98C2L (Signal Intelligence Analyst); and to show award of the Combat Action Badge, Global War on Terrorism Expeditionary Medal, and the Korea Defense Service Medal (KDSM). 

2.  The applicant states, in effect, that his DD Form 214 needs to reflect these corrections. 

3.  The applicant provides copies of his DD Forms 214, permanent change of station orders from the Republic of Korea, promotion orders to sergeant, and a portion of a statement regarding actions in Iraq during the period from June 2004 to June 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant has not exhausted his administrative relief for award of the Combat Action Badge.  Active duty and Reserve Component Soldiers should submit their request through their first brigadier general commander in their chain of command to the United States Army Human Resources Command, Attention: AHRC-PDO-PA, 200 Stovall Street, Alexandria, Virginia 22332.  The request should be submitted on a DA Form 4187 and include supporting documentation and a copy of the DD Form 214, if applicable.  Veterans, Individual Ready Reserve, members of the other military services, and foreign military personnel should submit a written request directly to the same address.  The request should include supporting documentation and a copy of the DD Form 214.  Accordingly, this issue will not be further discussed in these proceedings.

2.  On 4 September 1997, the applicant enlisted in the Regular Army in the rank of specialist, pay grade E4.  He completed his initial training and was awarded MOS 98C1L.  

3.  Orders 105-126, 516th Personnel Service Battalion, dated 15 April 1999, reassigned the applicant from the Republic of Korea to the United States.  This was a permanent change of station movement.

4.  On 3 September 2001, the applicant was released from active duty and was transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 4 years of creditable active duty.

5.  The applicant's DD Form 214, for the period of active duty ending on 
3 September 2001, shows that he was released from active duty as a specialist, pay grade E4; held a primary specialty of 98C1L; and had 1 year of foreign service.

6.  On 13 January 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom.  He served in Iraq from 25 June 2004 to 24 June 2005. 

7.  Orders 05-186-00041, Military Intelligence Readiness Command, Fort Belvoir, Virginia, dated 5 July 2005, promoted the applicant to sergeant, pay grade E5, with an effective date and date of rank of 1 July 2005.  He was promoted in MOS 97B2O (Counterintelligence Agent [CI]).

8.  On 7 August 2005, the applicant was released from active duty and transferred to the Mobilization Support Detachment L2, located in Morrow, Georgia.  He had completed 1 year, 6 months, and 25 days of active duty during this period.

9.  The applicant's DD Form 214, for the period of active duty ending on 7 August 2005, shows that he was released from active duty as a specialist, pay grade E4; held a primary specialty of 97B1O; had completed 5 years, 6 months, and
25 days of total active duty; and 2 years, 4 months, and 9 days of inactive service. 

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, for the period ending 
7 August 2005, lists the Joint Service Commendation Medal, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War of Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Iraq Campaign Medal, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars, and the Driver and Mechanic Badge with Driver-W Bar.  It does not show the Combat Action Badge, Global War of Terrorism Expeditionary Medal, or the Korea Defense Service Medal.

11.  The statement provided by the applicant is titled "Sworn Statement for Actions Regarding Members of Tactical Human Intelligence Team 709 in Iraq from July 2004 to July 2005."  It describes actions in Iraq and consists of a single page, undated, and unsigned.  It details specific actions of the Tactical Human Intelligence Team 709 during December 2004; January 2005, and March 2005.  However, the document does not make any specific reference to the applicant.
12.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  
	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 
	(2)  all air spaces above the land and water area.
The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 
Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  
	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 
	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or
	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

13.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will 
remain qualified for that medal.  Upon application, any such service member may 
be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service. 

14.  Department of the Army Pamphlet 611-21 (Military Occupational Classification System) provides, in pertinent part, that the fourth character in an enlisted MOS code reflects the type and degree of skill representing the extent of qualification with the total MOS.  Under the Enlisted Personnel Management System (EPMS) it reflects the skills typically required for successful performance at the grade with which the skill level is associated.  Skill level "2" is associated with a sergeant, pay grade E5.

DISCUSSION AND CONCLUSIONS:

1.  The Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal are authorized for service in Iraq.  However, Soldiers may not be awarded both medals for the same act, achievement, or period of service.  The evidence clearly shows that the applicant was awarded the Iraq Campaign Medal for his service in Iraq from June 2004 to June 2005.  Therefore, his request for award of the Global War on Terrorism Expeditionary Medal should not be granted.

2.  While the applicant did perform assigned duties in an area where hostile fire pay or imminent danger pay was authorized, there is no evidence showing that he was personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement. Therefore, his request for award of the Combat Action Badge should not be granted.  

3.  The evidence clearly shows that the applicant served in the Republic of Korea during a qualifying period for award of the KDSM.  Therefore, the KDSM should be shown on his last DD Form 214 since it had not been created prior to his first separation from active duty.  

4.  The evidence clearly shows that the applicant was promoted to sergeant, pay grade E5, in MOS 97B2O.  Therefore, his records should be corrected accordingly.

5.  The evidence clearly shows that prior to promotion to sergeant, the applicant held MOS 98C1L.  Therefore, his records should be corrected to properly associate his MOS with his rank of sergeant as 98C2L.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__RMN__  __EEM__  _WFC  __  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, and in particular his DD Form 214 for the period ending 7 August 2005, be corrected by:
	
	a.  showing in Item 4a and 4b: Sergeant, E5;

	b.  showing in Item 11: 97B2O 00 CI AGENT -- 0 YRS-1 MOS//98C2L 00 SIGINT ANALYST -- 4 YRS-10 MOS//NOTHING FOLLOWS;

	c.  showing in Item 12h: 1 July 2005; and

	d.  adding in Item 13: Korea Defense 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 award of the Global War on Terrorism Expeditionary Medal.




_       _William F. Crain_______
          CHAIRPERSON




INDEX

CASE ID
AR20060009958
SUFFIX

RECON
 
DATE BOARDED
20070308 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT Partial
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.