RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060011845 


	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. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Roland S. Venable

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, correction of his military records to show all authorized awards and decorations.

2.  The applicant states, in effect, that he is entitled to award of the Iraq Campaign Medal, Meritorious Unit Commendation (2nd Award), Army Reserve Components Achievement Medal (6th Award), Overseas Service Ribbon
(3rd Award), Army Reserve Components Overseas Training Ribbon
(15th Award), and the Combat Action Badge.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 14 October 1970; DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 28 April 1994; DD Form 214, with an effective date of 18 March 2004; DD Form 215, dated 27 January 2006; page 1 of his DA Form 2-1 (Personnel Qualification Record), dated 31 July 2006; Headquarters, Department of the Army, Military Awards Branch message, 251118 May 2005, subject: Afghanistan Campaign Medal and Iraq Campaign Medal - Implementing Instructions (Change 1); Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia memorandum, dated 9 December 2005, subject: Meritorious Unit Commendation; Headquarters Company, 19th Materiel Management Center, Arden Hills, Minnesota memorandum, dated 6 November 2004, subject: Award of Army Reserve Components Achievement Medal; Headquarters, Department of the Army, Military Awards Branch message, 251448 October 2005, subject: Army Awards Policy Clarification and Changes; Army Overseas Service Ribbon webpage taken from The Institute of Heraldry website, dated
6 July 2006; Headquarters, 19th Materiel Management Center (CONUS Augmentation (CA)), Arden Hills, Minnesota memorandum, dated 26 January 2006; subject: Army Reserve Components Overseas Training Ribbon (ARCOTR); and Headquarters, 88th Regional Readiness Command, Fort Snelling, Minnesota, Permanent Order 06-170-00060, dated 19 June 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he entered active duty in the Army on 10 January 1967.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 41J (Office Machine Repairman).  The applicant's military service records show that he served oversea in the Republic of Vietnam for 11 months, from
28 September 1967 through 12 August 1968, and in the Republic of Korea for
12 months, from 14 September 1969 through 14 October 1970.  He was promoted to the rank of specialist five (SP5)/pay grade E-5, with a date of rank of 16 January 1970.  The applicant was honorably released from active duty (REFRAD) on 14 October 1970 and transferred to the U.S. Army Reserve (USAR) after completing a total of 3 years, 9 months, and 5 days net active service.

2.  The applicant's military service records show that he accepted appointment as a warrant officer in the USAR on 9 June 1985 in MOS 711A (Military Personnel Technician).  On 4 October 1994, he was reclassified into MOS 920B (Supply Systems Technician).  The applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom and served in Iraq from 9 March 2003 to
5 February 2004 and was assigned to the 19th Materiel Management Center (Iraq).  The applicant was honorably REFRAD on 18 March 2004, in the rank of chief warrant officer four (CW4)/pay grade W-4, after completing 1 year, 1 month, and 10 days net active service.

3.  In support of his application, the applicant provides a copy of the following documents:

     a.  DD Form 214, with an effective date of 14 October 1970 and DD Form 215, dated 28 April 1994, that, in pertinent part, serve to document the applicant's awards and decorations authorized at the time of his REFRAD on
14 October 1970.  These documents show that the applicant was awarded the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal with 4 bronze service stars, Army Service Ribbon, Republic of Vietnam Campaign Medal with "1960" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, Expert Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.

     b.  DD Form 214, with an effective date of 18 March 2004 and DD Form 215, dated 27 January 2006, that, in pertinent part, serve to document the applicant's awards and decorations authorized at the time of his REFRAD on 18 March 2004.  These documents show that the applicant was awarded the Army Commendation Medal (3rd Award), Army Achievement Medal, Meritorious Unit Commendation, Army Good Conduct Medal, Army Reserve Components Achievement Medal (5th Award), National Defense Service Medal (3rd Award), Armed Forces Expeditionary Medal, Vietnam Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Armed Forces Reserve Medal (2nd Award) with "M' Device, Noncommissioned Officer Professional Development Ribbon with Numeral "3", Army Service Ribbon, Army Reserve Components Overseas Training Ribbon (14th Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal with "1960" Device.

     c.  Page 1 of his DA Form 2-1, dated 31 July 2006, that shows, in pertinent, the applicant's overseas service and his awards, decorations, and campaigns.  Item 5 (Overseas Service) shows that the applicant performed 15 overseas training tours and completed 3 overseas tours.

     d.  Headquarters, Department of the Army, Military Awards Branch message, 251118 May 2005, subject: Afghanistan Campaign Medal and Iraq Campaign Medal - Implementing Instructions (Change 1).  This document announced a change in the award policy and provided, in pertinent part, that service members who qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  It also provides that, upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement, or period of service.  

     e.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia memorandum, dated 9 December 2005, subject: Meritorious Unit Commendation shows that Headquarters and Headquarters Company,
19th Support Center was awarded the Meritorious Unit Commendation for the period 19 March 2003 to 28 February 2004.

     f.  Headquarters Company, 19th Materiel Management Center, Arden Hills, Minnesota memorandum, dated 6 November 2004, subject: Award of Army Reserve Components Achievement Medal shows that, in pertinent part, the applicant was awarded the Army Reserve Components Achievement Medal
(6th Award) for the period 30 March 2001 through 29 March 2004.

     g.  Army Overseas Service Ribbon webpage taken from The Institute of Heraldry website, dated 6 July 2006 and Headquarters, Department of the Army, Military Awards Branch message, 251448 October 2005, subject: Army Awards Policy Clarification and Changes.  These documents show that, in pertinent part, the criteria for award of the Overseas Service Ribbon was changed to authorize retroactive award of the ribbon to those Soldiers credited with normal overseas tour completion before 1 August 1981, provided they had an active Army status on or after 1 August 1981.
     h.  Headquarters, 19th Materiel Management Center (CA), Arden Hills, Minnesota memorandum, dated 26 January 2006, subject: Army Reserve Components Overseas Training Ribbon shows that, in pertinent part, the applicant was awarded the Army Reserve Components Overseas Training Ribbon (i.e., the 15th Award) for the period 11 June 2005 through 25 June 2005.

     i.  Headquarters, 88th Regional Readiness Command, Fort Snelling, Minnesota, Permanent Order 06-170-00060, dated 19 June 2006, shows that the applicant was awarded the Combat Action Badge for actively engaging or being engaged by the enemy in Iraq on 7 July 2003.

4.  A review of the applicant's record reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

5.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  This Army regulation provides, in pertinent part, that one overseas service bar is authorized for each 6-month period of Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom, the Central Command (CENTCOM) area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined.  The months of arrival to, and departure from, the CENTCOM area of operations are counted as whole months.

6.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTEM for Soldiers who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to 30 April 2005.  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 crewmember flying sorties for
30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operation Enduring Freedom and/or Operation Iraqi Freedom.

7.  Headquarters, U.S. Army Human Resources Command, Military Awards Branch, Alexandria, Virginia, 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 the areas of eligibility for 30 consecutive days or for 60 nonconsecutive 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) participate 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.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement, or period of service.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 1-42 as amended, in pertinent part, shows the order of precedence of service medals and service ribbons.  This document shows that the Iraq Campaign Medal is higher in order of precedence than the Global War on Terrorism Expeditionary Medal.


10.  Army Regulation 600-8-22, states, in pertinent part, that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least
6 continuous months in support of military operations.  An oak leaf cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

11.  Army Regulation 670-1, in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

12.  The Headquarters, U.S. Army Human Resources Command, Military Awards Branch webpage, in pertinent part, lists units cited for awards during Operation Enduring/Iraqi Freedom.  This application shows that the 19th Support Center, 19th Materiel Management Center (CA) was awarded the Meritorious Unit Commendation for the period 19 March 2003 to 28 February 2004.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years service with a Reserve Component unit.  The individual must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of the regulation (i.e., 28 March 1995).  Beginning
28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 years to 3 years.  This change was not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  An oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Army Reserve Components Achievement Medal.

14.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, 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.  On 25 October 2005, the policy that restricted award of the Overseas Service Ribbon when another campaign or service medal is awarded was eliminated.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

15.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour lengths and specifies that the tour length for service in the Republic of Vietnam, Republic of Korea, and Iraq is 12 months.  This document also provides, in pertinent part, that a Soldier who serves at least five-sixths of the normal tour length (i.e., 10 months) will be credited with tour completion.

16.  Army Regulation 600-8-22, in pertinent part, provides for award of the Army Reserve Components Overseas Training Ribbon (ARCOTR).  It is awarded to members of the Reserve Components of the Army (Army National Guard and U.S. Army Reserve) for successful completion of annual training (AT) or active duty for training (ADT) for a period not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the ARCOTR.

17.  Headquarters, Department of the Army, Washington, District of Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the Combat Infantryman Badge and the Combat Medical Badge and the Establishment of the Combat Action Badge, states, in pertinent part, that on 2 May 2005, the Chief of Staff, Army, approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engage, or are engaged by the enemy.  This document provides, in pertinent part, that 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; the Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and the Soldier must not be assigned/attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The Combat Action Badge is authorized for award from 18 September 2001 to a date to be determined.  This document also states that award of the Combat Action Badge will be announced in permanent orders; however, a certificate is not issued for the Combat Action Badge.
18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Military Personnel Records Jacket/Official Military Personnel File.  It also states that "[t]he DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge."

19.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214. The instructions for Item 13 state to list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Iraq Campaign Medal, Meritorious Unit Commendation (2nd Award), Army Reserve Components Achievement Medal (6th Award), Overseas Service Ribbon (3rd Award), Army Reserve Components Overseas Training Ribbon
(15th Award), and the Combat Action Badge.

2.  The evidence of record shows the applicant was awarded the GWOTEM for his service in Iraq in support of Operation Iraqi Freedom from 9 March 2003 to
5 February 2004.  The evidence of record also shows that the Iraq Campaign Medal was subsequently authorized for Soldiers 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 evidence or record also shows that service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  However, upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  The evidence of record further shows that no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  In his application, the applicant requests award of the Iraq Campaign Medal in lieu of the GWOTEM.  In view of the foregoing, the applicant is entitled to correction of his records to show deletion of the Global War on Terrorism Expeditionary Medal and award of the Iraq Campaign Medal.

3.  The evidence of record shows that during the applicant's assignment to the19th Materiel Management Center (Iraq), the unit was awarded the Meritorious Unit Commendation.  The evidence of record also shows that this is the applicant's second award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show two awards of the Meritorious Unit Commendation.

4.  The evidence of record shows that the applicant was awarded the Army Reserve Components Achievement Medal (6th Award) for the period 30 March 2001 through 29 March 2004.  The evidence of record also shows that this period of service ended subsequent to the date the applicant was REFRAD (i.e., on
18 March 2004).  Therefore, the applicant is not entitled to correction of the
DD Form 214 to show this award.

5.  The evidence of record shows the applicant is credited with the completion of overseas tours in the Republic of Vietnam, Republic of Korea, and Iraq and that he had an Active Army status on or after 1 August 1981.  Therefore, he is entitled to correction of his records to show award of the Overseas Service Ribbon with Numeral "3."

6.  The evidence of record shows that the applicant was awarded the Army Reserve Components Overseas Training Ribbon (15th Award) for the period
11 June 2005 through 25 June 2005.  The evidence of record also shows that this period of service ended subsequent to the date the applicant was REFRAD (i.e., on 18 March 2004).  Therefore, the applicant is not entitled to correction of the DD Form 214 to show this award.

7.  Permanent Orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy in Iraq on 7 July 2003.  Therefore, he is entitled to correction of his records to show this combat badge.

8.  Records show that the applicant participated 12 months in Operation Iraqi Freedom and therefore, is entitled to award of 2 Overseas Service Bars.  The evidence of record also shows that the applicant was awarded 2 Overseas Service Bars for his service in the Republic of Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of a total of
4 Overseas Service Bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LDS __  __JTM___  ___RSV_  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 correcting the applicant's DD Form 214, Item 13, as follows:

	a.  Delete:  Vietnam Service Medal, Global War on Terrorism Expeditionary Medal, and Meritorious Unit Commendation; and

	b.  Add:  Vietnam Service Medal with 4 bronze service stars, Iraq Campaign Medal, Meritorious Unit Commendation (2nd Award), Overseas Service Ribbon with Numeral "3", Combat Action Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and 4 Overseas Service Bars.

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 adding to his DD Form 214, issued on 18 March 2004, award of the Army Reserve Components Achievement Medal (6th Award) and the Army Reserve Components Overseas Training Ribbon (15th Award).




____Linda D. Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/22
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.

2.

3.

4.

5.

6.