RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060011772 


	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:

	a.  his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show his Army Commendation Medal (ARCOM) and Army Achievement Medals (AAM) which were already awarded;

	b.  his DD Form 214 be corrected to show his service dates in Iraq; and 

	c.  award of the Iraq Campaign Medal, the Good Conduct Medal, the Overseas Service Medal (sic), and the Southwest Asia Service Medal.  (Note:  Overseas Service Medal, the Board construes the applicant's request as a request for award of the Overseas Service Ribbon.)

2.  The applicant states that he served in Iraq from 7 January 2003 through
13 July 2003 and this service plus his awards are not reflected on his DD Form 214.

3.  The applicant provides a copy of his ARCOM, AAM, DD Form 214, Honorable Discharge Certificate, Basic Combat Training Completion Certificate, and Wheel Vehicle Mechanic School Completion Certificate.

CONSIDERATION OF EVIDENCE:

1.  On 9 January 2002, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for eight years.  On 6 February 1979, he was discharged from the DEP and enlisted in the Regular Army for three years.  He completed training requirements and was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic). 
 
2.  On 1 April 2005, the applicant was honorably discharged under the provisions of Army Regulation 635-40, chapter 5, by reason of disability, existed prior to service-medical board.  He was credited with 2 years, 9 months, and 19 days of active duty service.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any foreign service.  Item 18 (Remarks) does not show service in Iraq.  Neither the applicant's official military record on microfiche nor his iPERMS (Personnel Electronic Records Management System) contain his dates of assignment in Iraq.
4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Global War on Terrorism Service Medal, the National Defense Service Medal, the Army Lapel Button, the Army Service Ribbon, and the Driver and Mechanic Badge with Driver-W Bar.

5.  Permanent Orders Number 267-09, Headquarters (HQ), 203rd Forward Support Battalion, Fort Benning, Georgia, dated 23 September 2004, awarded the applicant the AAM.

6.  Permanent Orders Number 056-4, HQ, 317th Engineer Battalion, Fort Benning, dated 25 February 2004, awarded the applicant the AAM for the period 10 January 2004 through 9 February 2004.

7. Permanent Orders Number 125-371, HQ, 3rd Brigade, 3rd Infantry Division (Mechanized), Fort Benning, dated 5 May 2003, awarded the applicant the ARCOM for exceptionally meritorious service in Iraq from 19 March 2003 through 30 April 2003.

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.

9.  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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

10.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

11.  Army Regulation 600-8-22 (Military Awards), then in effect, shows that the Overseas Service Ribbon was established by the Secretary of the Army on
10 April 1981.  The regulation stated, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  The Overseas Service Ribbon was not awarded for overseas service recognized with another U.S. service medal

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the AAM (2nd Award) which are not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show these awards.

2.  Permanent orders awarded the applicant the ARCOM which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this award.

3.  The applicant's dates of service in Iraq were not available in his official records.  His presence in Iraq was established through the award of his ARCOM for exceptionally meritorious service in Iraq from 19 March 2003 through 30 April 2003.  Without the specific dates, the Board is unable to correct his record to show his service in Iraq.  Therefore, there is insufficient evidence to support adding his Iraq service dates to his DD Form 214.

4.  There is sufficient evidence to support award of the Iraq Campaign Medal.  Therefore, he is entitled to have his records corrected to show this award.
5.  The applicant completed a qualifying period of service for the first award of the Good Conduct Medal.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 13 June 2002 through 1 April 2005 and to correction of his records to show the award of the Good Conduct Medal (First Award).

5.  There is no evidence the applicant had a qualifying period of service in the Persian Gulf War or participated in Operations Desert Shield/Desert Storm.  Therefore, he is not entitled to award of the Southwest Asia Service Medal. 

6.  Award of the Overseas Service Ribbon requires that an individual be credited with a normal overseas tour completion after 1 August 1981 and that the overseas service not be recognized with another U.S. service medal.  The Board is unable to ascertain whether the applicant was credited with a normal overseas tour completion because his Iraq service dates are unavailable.  Therefore, he is not entitled to award of the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___cg___  __mjf___  __eem___  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: 

	a.  showing award of the AAM (2nd Award);

	b.  showing award of the ARCOM;

	c.  awarding the Iraq Campaign Medal; and

	d.  awarding the Good Conduct Medal (First Award) for the period 13 June 2002 through 1 April 2005.
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 Southwest Asia Service Medal and Overseas Service Ribbon, and correcting the record to show his dates of service in Iraq.  



							Curtis Greenway
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011772
SUFFIX

RECON

DATE BOARDED
20070412
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0025
2.
107.0020
3.
107.0140
4.
107.0056
5.

6.