RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060014188 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. David K. Haasenritter

Member

Mr. Edward E. Montgomery

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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show all of his awards.

2.  The applicant states that his DD Form 214 is missing two Army Commendation Medals, Humanitarian Service Medal, Global War On Terrorism Service Medal, Iraq Campaign Medal, and Combat Action Badge.

3.  The applicant provides copies of his Report of Separation and Record of Service (NGB 22), orders awarding him two Army Commendation Medals, and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant requests correction of his records to show award of the Combat Action Badge.  There are no orders or other evidence authorizing award of the Combat Action Badge to the applicant.  Reserve Component Soldiers should submit their request for this award through the first brigadier general commander in their chain of command to the United States Army Human Resources Command, attention: AHRC-PDO-PA, 200 Stovall Street, Alexandria, Virginia 22332.  The request should be submitted on a DA Form 4187 and include supporting documentation.  The applicant has been notified by separate correspondence of these procedures; therefore, it will not be discussed further in this Record of Proceedings. 

2.  On 3 April 1997, the applicant enlisted in the Kentucky Army National Guard.  He completed his initial training and was awarded military occupational specialty 95B2O (Military Policeman).  He attained the rank of sergeant, pay grade E5, on 3 January 2001. 

3.  On 27 December 2002, the applicant was ordered to active duty in support of Operation Enduring Freedom and Iraqi Freedom.  He was deployed to Kuwait and Iraq from 8 February to 19 November 2003.

4.  Permanent Orders 302-017, 800th Military Police Brigade, dated 2 November 2003, awarded the applicant the Army Commendation Medal for meritorious service during the period from 27 December 2002 to 5 November 2003, while assigned to the 223rd Military Police Company.

5.  Permanent Orders 278-052, 800th Military Police Brigade, dated 2 November 2003, awarded the applicant the Army Commendation Medal for meritorious service during the period from 6 August to 13 October 2003, while assigned to the 494th Military Police Detachment.

6.  On 1 March 2004, the applicant's commander published a memorandum with an attached roster of personnel authorized award of the Humanitarian Service Medal for their service in support of Hurricane Floyd Relief Operations during the period from 15 September through 9 November 1999.  The roster is not available for review.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

8.  Army Regulation 600-8-22, provides, in pertinent part, for award of the Global War on Terrorism Service Medal (GWOTSM) to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility determined for award of the Global War on Terrorism Expeditionary Medal (GWOTEM) on or after 
11 September 2001 to a date to be determined. 

9.  Army Regulation 600-8-22 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 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. 



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly and convincingly shows that the applicant served on active duty during a qualifying period of time for award of the GWOTSM.  Therefore, his records should be corrected to add this award.

2.  The evidence of record clearly and convincingly shows that he performed duties in Southwest Asia in support of Operation Iraqi Freedom during a qualifying period of time for award of the Iraq Campaign Medal.  Therefore, his records should be corrected to add this award.

3.  Permanent Orders awarded the applicant two Army Commendation Medals.  Therefore, his records should be corrected to show award of the Army Commendation Medal with Oak Leaf Cluster.

4.  There is no available evidence to show that the applicant participated in Hurricane Floyd Relief Operations to qualify for award of the Humanitarian Service Medal.  Therefore, his request should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PMS__  __EEM__  __DKH __  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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards includes the Army Commendation Medal with Oak Leaf Cluster, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal.



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 Humanitarian Service Medal.  




_         Paul M. Smith_________
          CHAIRPERSON




INDEX

CASE ID
AR20060014188
SUFFIX

RECON
 
DATE BOARDED
20070501 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0138.0000
2.
107.0020.0000
3.
107.0140.0000
4.

5.

6.