RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011953 


	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

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his tour of duty in Iraq and award of the Iraq Campaign Medal, Korea Defense Service Medal, Global War on Terrorism Expeditionary Medal, and the Combat Support Badge.

2.  The applicant states that the requested medals were not established prior to his separation from the Army.

3.  The applicant provides a copy of his DD Form 214; United States Army Filed Artillery Center and Fort Sill Orders Number 037-305, dated 6 February 2003; Headquarters, 10th Special Forces Group (Airborne) Orders Number 070-01, dated 11 March 2003; a DA Form 638 (Recommendation for Award), dated
28 April 2003; and an Army Commendation Medal Certificate, dated 4 May 2003, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant entered active duty on 25 May 1997and was honorably separated by reason of disability on 12 December 2003.

2.  The applicant's DD Form 214 does not list any foreign service in block 12f.  Records show the applicant served in Iraq in support of Operation Iraqi Freedom during the period 13 March 2003 through 8 May 2003.

3.  Records how that the applicant was awarded the Army Commendation Medal, NATO Service Medal, Army Achievement Medal (3rd Award), Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Army Service Ribbon, and the Parachutist Badge.  The applicant's records do not show that he was awarded the Iraq Campaign Medal, Korea Defense Service Medal, Global War on Terrorism Expeditionary Medal, or the Combat Support Badge.

4.  Army Regulation 600-8-22 (Military Awards) does not list the Combat Support Badge as an authorized award.

5.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. 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.  The following rules apply to award of the Iraq Campaign Medal: The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. 

6. Army Regulation 600-8-22 also 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. 
Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, in block 12f (Foreign Service), from the Enlisted/Officer Record Brief (ERB/ORB), enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).

8.  Army Regulation 635-3 also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be amended to show foreign service in Iraq was carefully considered and determined to have merit.  Records show that the applicant served in Iraq in support of Operation Iraqi Freedom for 2 months and 25 days during the period 13 March 2003 through
8 May 2003.  Therefore, he is entitled to correction of his record to show this foreign service.

2.  The applicant's contention that he is entitled to award of the Iraq Campaign Medal, Korea Defense Service Medal, Global War on Terrorism Expeditionary Medal, and the Combat Support Badge was also carefully considered and determined to be without merit.

3.  Records show that the applicant was awarded the Armed Forces Expeditionary Medal.  Pertinent regulations state that under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the 
same action, time period, or service.  The applicant's record show that he only served one period of foreign service.  As a result, he is not eligible for award of the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal. 

4.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that he served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, the applicant is not entitled to correction of his records to show this award.

5.  Pertinent Army Regulation does not list the Combat Support Badge as an authorized award.  Therefore, there is no basis to amend the applicant's records to show the Combat Support Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JCR___  __JRH___  _TMR___  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.  amending block 12f (Foreign Service) of his DD Form 214 to show the entry "0000 02 25"; and

	b.  amending block 18 (Remarks) to the show the entry "SERVICE IN IRAQ FROM 20030313 – 20030508." 


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 Iraq Campaign Medal, Korea Defense Service Medal, Global War on Terrorism Expeditionary Medal, and the Combat Support Badge.




 _Thomas M. Ray___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.