RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2007
	DOCKET NUMBER:  AR20060013925 


	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. G. E. Vandenberg

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Eddie L. Smoot

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 that his records be corrected to reflect award of the Master Aviation Badge, the Korea Defense Service Medal, the Joint Meritorious Unit Award, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, and the Afghanistan Campaign Medal.

2.  The applicant states, in effect, several awards he earned at the end of his career were not listed on his DD Form 214 (Certificate of Release or Discharge From Active Duty) and related information was removed from his ERB (Enlisted Record Brief).  He indicates that if he is not entitled to both the Global War on Terrorism Expeditionary Medal and the specific campaign medals he would prefer award of the campaign medal.

3.  The applicant provides copies of orders for the Master Aviation Badge and messages related to award of the Korea Defense Service Medal, the Joint Meritorious Unit Award, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, and the Iraq Campaign Medal.

4.  The applicant also provides copies of deployment orders for Company B, 159th Aviation Regiment in support of Operation Enduring Freedom with a personnel roster, deployment orders for Company B, 159th Aviation Regiment in support of Operation Iraqi Freedom with a personnel roster, the approval of award of the Joint Meritorious Unit Award to the Combined/Joint Task Force – 180, and one page of his ERB.

CONSIDERATION OF EVIDENCE:

1.  The record shows the applicant enlisted on 17 April 1984 and served continuously until he retired on 30 April 2004.

2.  The record indicates the applicant served at least two tours of duty in Korea.  

3.  Headquarters, XVIII Airborne Corps Orders 353-27, dated 19 December 2001, directed that Company B, 159th Aviation Regiment was reassigned to the United States Central Command Area of Operations in support of Operation Enduring Freedom.

4.  The applicant was awarded the Bronze Star Medal for meritorious service from 25 December 2001 to 8 July 2002.  The applicant is shown to have been a member of Company C, 159th Aviation Regiment a subordinate element of the Coalition Task Force – Mountain, Bagram, Afghanistan during Operation Enduring Freedom.

5.  A review of the unit historical records shows that Company B, 159th Aviation Regiment was assigned to the Combined Forces Coalition – Afghanistan which in turn was a subordinate unit of Combined/Joint Task Force – 180 for the period 25 December 2001 through 3 August 2002.

6.  Headquarters, 4th Brigade, 3rd Infantry Division Permanent Orders 037-004, dated 6 February 2004, awarded the applicant the Master Aviation Badge.

7.  The record contains orders awarding the applicant the Army Commendation Medal on five occasions, the Army Achievement Medal on five occasions, the Good Conduct Medal on six occasions, the Aircraft Crewman Badge, the Senior Aircraft Crewman Badge, and the Basic Recruiter Badge with two gold achievement stars.

8.  The ERB, dated 15 April 2004, lists the applicant's awards as the Bronze Star Medal, the Army Commendation Medal (4th award), the Army Achievement Medal (4th award), the Good Conduct Medal (5th award), the National Defense Service Medal, (2nd award), the Korea Defense Service Medal, the Noncommissioned Officers Professional Development Ribbon (2nd award), the Overseas Service Ribbon (3rd award), the Senior Aircraft Crewman Badge, and the Army Basic Recruiter Badge with two gold achievement stars.

9.  The DD Form 214, issued 30 April 2004, indicates the following: 
	
	a.  continuous active service from 17 April 1984 through 30 April 2004;
	
	b.  participation in Operation Enduring Freedom in Afghanistan, from 25 December 2001 through 3 August 2002, and Operation Iraqi Freedom in Iraq, from 17 February 2003 through 19 July 2003; and 
	
	c.  lists his awards as the Bronze Star Medal, the Army Commendation Medal (5th award), the Army Achievement Medal (5th award), the Army Good Conduct Medal (6th award), the Army Superior Unit Award, the National Defense Service Medal, (2nd award), the Noncommissioned Officers Professional Development Ribbon with Numeral 2, the Overseas Service Ribbon (3rd award), the Senior Aircraft Crewman Badge, and the Army Basic Recruiter Badge with two gold achievement stars.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-20 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 specified criteria for the award of the Korea Defense Service Medal is as follows: a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. 

9.  Army Regulation 600-8-22, paragraph 2-19 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to service members who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria: (1) Initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or (2)  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 the GWOTSM. 

10.  Army Regulation 600-8-22, paragraph 2-18 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2), is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM. Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

11.  Army Regulation 600-8-22, paragraph 2-16 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. 

12.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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.

13.  Army Regulation 600-8-22 paragraph 2-17 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 Operation Iraqi Freedom. 

14. 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's ERB and the DD Form 214, issued 30 April 2004, are not complete in that they both fail to reflect all of his awards and decorations.

2.  The record contains orders awarding the applicant the Master Aviation Badge. This award is not listed on the DD Form 214; therefore, it is appropriate to correct the records to list this award.

3.  The record shows applicant was awarded the Korea Defense Service Medal.  Therefore, it is appropriate to correct his records to reflect this award.  

4.  The applicant is shown to have served with Company B, 159th Aviation Regiment while it was assigned to the Combined/Joint Task Force – 180 from 25 December 2001 through 3 August 2002.  A service member assigned to the Combined/Joint Task Force – 180 is authorized award of the Joint Meritorious Unit Award for this period of service.  Therefore the applicant's records should be corrected to reflect this award.

5.  The applicant's periods of service during Operation Enduring Freedom and Operation Iraq Freedom are denoted only on the DD Form 214.  Combining the DD Form 214 entries with the deployment orders clearly shows that the applicant served during periods and at locations for which the applicant is authorized award of the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.

6.  However, current regulations preclude concurrent award of the Global War on Terrorism Expeditionary Medal with the Afghanistan Campaign Medal and the Iraq Campaign Medal for the same periods of service.  Since the applicant has stated that he would prefer to receive the campaign medals to the expeditionary medal it would be appropriate to correct the records to show he is authorized the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, and the Iraq Campaign Medal.

BOARD VOTE:

__JLP  __  __ELS __  __LDS __  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 showing that, in addition to the awards listed on the DD Form 214, the applicant is authorized award of the Korea Defense Service Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Joint Meritorious Unit Award, and the Master Aviation Badge.




___    Linda D. Simmons____
          CHAIRPERSON


INDEX

CASE ID
AR20060013925
SUFFIX
 
RECON
 
DATE BOARDED
 20070508
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.