RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060010380 


	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.


	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 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 15 November 2003 be corrected to show the award of the Bronze Star Medal with “V” (for Valor) Device, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Southwest Asia Service Medal with Three Bronze Service Stars, the Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal issued by the Government of Kuwait, the Combat Action Badge, and the Armed Forces Reserve Medal with “M” (for Mobilization) Device and Numeral 2 Device to indicate two mobilizations. 

2.  The applicant essentially states that these awards and decorations are not shown on his DD Form 214. 

3.  The applicant provides the following in support of this application:

	a.  a self-authored statement, dated 25 June 2006;

b.  two DD Forms 214 (Certificate of Release or Discharge From Active Duty) issued at the times of his release from active duty on 3 June 1991 and 
15 November 2003;

	c.  deployment orders, dated 14 February 2003, with an Annex A;

d.  a DA Form 638 (Recommendation for Award) which awarded him the Bronze Star Medal with “V” Device;

e.  orders awarding him the Combat Action Badge;

f.  DA Forms 638 which awarded him the Army Commendation Medal and the Army Achievement Medal with First Oak Leaf Cluster;

g.  a memorandum, dated 26 September 2003, subject:  Request for Release From Active Duty due to Mandatory Removal Date (MRD); and

h.  a memorandum, dated 29 October 2003, subject:  Request for Early Release From Active Duty. 




CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
23 September 2004, the date he was placed in the Retired Reserve.  The application submitted in this case is dated 25 June 2006.

2.  The available records show that the applicant enlisted in the Regular Army on 
29 June 1961.  He was honorably released from active duty on 22 June 1964, and transferred to the United States Army Reserve (USAR).  He was discharged from the USAR on 31 May 1967.  On 17 July 1987, he enlisted in the Army National Guard (ARNG).  He then served in both the ARNG and USAR, attaining the rank of master sergeant, before being placed in the Retired Reserve on 
23 September 2004.  The DD Form 214 that was issued to him at the time of his last release from active duty essentially shows that he was awarded the Army Achievement Medal with First Oak Leaf Cluster, the Good Conduct Medal, the National Defense Service Medal with one bronze service star, the Southwest Asia Service Medal with one bronze service star, the Armed Forces Reserve Medal with “M” Device, the Army Service Ribbon, and the Overseas Service Ribbon with Numeral 2 Device.

3.  The applicant’s DD Form 214 which was issued at the time of his release from active duty on 15 November 2003 will only be referred to as his DD Form 214 throughout the remainder of these proceedings.

4.  The applicant’s DD Form 214 does not show that he was awarded the Bronze Star Medal with “V” Device.  However, he was awarded the Bronze Star Medal with “V” Device by Headquarters and Headquarters Company, 4th Infantry Division, Tikrit, Iraq Permanent Orders Number 145-02, dated 14 September 2003.

5.  Item 18 (Remarks) of the applicant’s DD Form 214 shows that he served in Iraq from 18 February 2003 to 29 September 2003.  However, Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this document does not show that he was awarded the Iraq Campaign Medal.  

6.  The applicant served more than 30 consecutive days of active duty on and after 25 January 2003 which were not used for qualifying purposes for the award of the Iraq Campaign Medal.  However, the applicant’s DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal.

7.  The applicant’s DD Form 214 that was issued at the time of his release from active duty on 3 June 1991 shows that he deployed to Southwest Asia from 
10 January 1991 to 10 May 1991.  However, his DD Form 214 only shows that he was awarded the Southwest Asia Service Medal with one Bronze Service Star, when it should have shown three bronze service stars.

8.  The applicant deployed to Southwest Asia from 10 January 1991 to 10 May 1991; however, his DD Form 214 does not show that he was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, or the Kuwait Liberation Medal awarded by the Government of Kuwait.  

9.  The applicant actively engaged the enemy in 2003 while serving in Iraq, and was subsequently awarded the Combat Action Badge by Headquarters, United States Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, North Carolina Permanent Orders Number C353-35, dated 
19 December 2005.  However, the Combat Action Badge is not shown on his 
DD Form 214.

10.  The applicant was ordered to active duty in support of Operation DESERT SHIELD/DESERT STORM, and was also ordered to active duty in support of Operation ENDURING FREEDOM, serving in Iraq in Operation IRAQI FREEDOM.  However, the applicant’s DD Form 214 only shows that he was awarded the Armed Forces Reserve Medal with “M” Device.  It was noted that although the applicant had more than 10 consecutive years in the ARNG in which he earned at least 50 retirement points in each of those years, his DD Form 214 did not show that he was awarded a Ten-Year Device to be affixed to his Armed Forces Reserve Medal.

11.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

12.  The applicant’s DD Form 214 does not show that he was awarded the Army Commendation Medal; however, he was awarded the Army Commendation Medal by Headquarters, 107th Brigade, 42nd Infantry Division, New York ARNG Permanent Orders Number 6-10, date unknown.

13.  The applicant served on active duty from 29 June 1961 to 22 June 1964, from 6 December 1990 to 3 June 1991, and from 25 January 2003 to 
15 November 2003.  However, his DD Form 214 only essentially shows that he was awarded the National Defense Service Medal with one bronze service star.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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].  

15.  Army Regulation 600-8-22 also provides, in pertinent part, that the Global War on Terrorism Service Medal is awarded to 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.  

16.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations DESERT SHIELD/DESERT STORM in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

17.  Army Regulation 600-8-22 also provides, in pertinent part, that the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 
3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.


18.  This same regulation provides, in pertinent part, that the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

19.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Action Badge was approved by the Chief of Staff, Army on 2 May 2005, to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The Combat Action Badge may be awarded to any Soldier; however, the Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized, and he or she must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.

20.  Army Regulation 600-8-22 also provides for award of the Armed Forces Reserve Medal.   It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years and service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to ward this award but does not constitute a break in service.  Each year of active or inactive status honorable service prior to 1 July 1949 in any Reserve Component listed in Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) will be credited toward award.  For service performed on or after 1 July 1949, a member must accumulate, during each anniversary year, a minimum of 50 retirement points as prescribed in Army Regulation 135-180.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.  The Ten-year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each succeeding 10-year period of Reserve Component service.  The first 10 years is denoted by a bronze hourglass, the second 10-year period of Reserve Component service is denoted by a silver hourglass and the third by a gold hourglass.  If both the hourglass and the "M" Device are awarded, the hourglass will be positioned in first position on the ribbon (at the wearer's right), the "M" Device in the middle position, and the number of times the "M" Device has been awarded in the remaining position (at the wearer's left).

21.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.  Service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty will also be eligible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Bronze Star Medal with “V” Device, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal issued by the Government of Kuwait, the Combat Action Badge, and the Armed Forces Reserve Medal with “M” Device and Numeral 2 Device to indicate two mobilizations. 

2.  Permanent orders awarded the applicant the Bronze Star Medal with “V” Device which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show this award.

3.  The applicant served more than 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 this award.

4.  The applicant served more than 30 consecutive days of active duty on and after 25 January 2003 which were not used for qualifying purposes for the award of the Iraq Campaign Medal.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal, and correction of his military records to show this award.

5.  The applicant participated in the Defense of Saudi Arabia Campaign, the Liberation and Defense of Kuwait Campaign, and the Cease-Fire Campaign during his deployment to Southwest Asia from 10 January 1991 to 10 May 1991. Therefore, he is entitled to correction of his military records to show the award of the Southwest Asia Service Medal with three bronze service stars.

6.  The applicant deployed to Southwest Asia from 10 January 1991 to 10 May 1991, and participated in the Persian Gulf War.  Therefore, he is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait, and correction of his military records to show these awards.

7.  Permanent orders awarded the applicant the Combat Action Badge for actively engaging the enemy in 2003 while serving in Iraq.  Therefore, he is entitled to correction of his military records to show the award of the Combat Action Badge.

8.  The applicant was ordered to active duty in support of Operation DESERT SHIELD/DESERT STORM, and was also ordered to active duty in support of Operation ENDURING FREEDOM, serving in Iraq in Operation IRAQI FREEDOM.  He also had more than 10 consecutive years in the ARNG in which he earned at least 50 retirement points in each of those years.  Therefore, he is entitled to correction of his military records to show the award of the Armed Forces Reserve Medal with the Bronze Ten-Year Device, “M” Device, and Numeral 2 Device.

9.  Permanent orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal.

10.  The applicant served on active duty during three different qualifying periods of service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal with two bronze service stars.

BOARD VOTE:

__WC  __  ___EM __  __RN ___  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.  showing the award of the Bronze Star Medal with “V” Device, the Army Commendation Medal, the Southwest Asia Service Medal with three bronze service stars, the Combat Action Badge, the Armed Forces Reserve Medal with Bronze Ten-Year Device, “M” Device, and Numeral 2 Device, and the National Defense Service Medal with two bronze service stars; and 

	b.  awarding him the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait,




_____	 William Crain________
          CHAIRPERSON




INDEX

CASE ID
AR20060010380
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0014.0000 (with “V” Device)
2.
107.0074.0000 (add bronze service stars)
3.
107.0143.0000
4.
107.0076.0000 (add Ten-Year and Numeral 2)
5.
107.0069.0000 (add bronze service star)
6.
107.0140.0000
7.
107.0138.0000
8.
107.0089.0000
9.
107.0100.0000
10.
110.0400.0000