RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060015003 


	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. Dean L. Turnbull

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of Army Good Conduct Medal (AGCM), Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), and any awards for his service in Iraq.

2.  The applicant states, in effect, his DD Form 214 does not show that he served in Iraq and his awards are missing.

3.  The applicant provides:

     a.  a copy of his DD Form 214;

     b.  two copies of DA Form 638 (Recommendation for Award); and

     c.  a copy of Headquarters 1st Infantry Division (Mechanized) and Fort Stewart, Permanent Orders 350-10, dated 16 December 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he entered active duty on 12 July 2001.  He successfully completed basic combat training and advanced individual training and was awarded the military occupational specialty 11B1O (Infantryman).

2.  Item 12 (f) (Foreign Service) of the applicant's DD Form 214 shows the entry "0000 00 00."

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the following awards:  Global War on Terrorism Service Medal, National Defense Service Medal, Army Lapel Button, and the Army Service Ribbon.  However, it does not show the awards of the AGCM, CIB, ARCOM, or any other awards for his service in Iraq.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows no entry for the applicant's foreign service tour.

5.  DA Form 638 Order Number 304-54, dated 7 November 2002, issued by Headquarters, 1st Infantry Division, 15th Infantry Battalion, shows that the applicant was awarded the Army Achievement Medal (AAM) for serving in Kuwait during Operation Desert Spring for the period 2 May 2002 to 2 December 2002.

6.  DA Form 638 Order Number 288-13, dated 10 May 2003, issued by Headquarters, 3rd Brigade, 3rd Infantry (Mechanized), shows that the applicant was awarded the ARCOM for serving in Iraq during Operation Iraqi Freedom for the period 9 January 2003 to 1 May 2003, while participating in ground combat operation under enemy direct and indirect fire as he suppressed the enemy contributing to five enemy vehicles being destroyed, 15 Iraqi Soldiers killed and 30 enemy captured.

7.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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 AGCM, disqualification must be justified.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

9.  A review of the applicant's records show that he is entitled to additional awards, which are not listed on his DD Form 214.

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The dates of eligibility for Operation Desert Spring are 31 December 1998 to 18 March 2003.

12.  Army Regulation 635-5 (Separation Documents) paragraph 2-4h (12) (f)  states, in pertinent part, that you enter from the ERB/ORB the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

13.  This same regulation states, in pertinent part, that Soldiers on active duty deployed to a foreign country with his or her unit during their continuous period of active service enter in item 18 (Remarks) section of the DD Form 214 the appropriate entry "Service in (Name of the country deployed) From (inclusive dates YYYYMMDD  - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show the awards of the AGCM, CIB, ARCOM, and any other awards for his service in Iraq.

2.  Records show he is entitled to the first award of the Army Good Conduct Medal for the period 12 July 2001 through 11 July 2004 based on completion of a period of qualifying service of three years, ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received AAM and ARCOM throughout his service.  Therefore he is entitled to correction to show this award.

3.  Orders show that the applicant was awarded the ARCOM; therefore, he is entitled to correction of his records to show this award.

4.  Orders show that the applicant was awarded the AAM; therefore, he is entitled to correction of his records to show this award.

5.  DA Form 638 shows that the applicant served in Kuwait during Operation Desert Spring for the period 19 May 2002 to 2 December 2002.  Therefore, the applicant is entitled to correction of his records to show the award of the AFEM.

6.  DA Form 638 shows the applicant served as an automatic rifleman in active ground combat during Operation Iraqi Freedom while assigned or attached to an infantry unit of brigade, regimental or smaller size for more than 60 consecutive days (9 January 2003 to 1 May 2003).  Therefore, the applicant is entitled to correction of his records to show awards of the CIB and the Iraqi Campaign Medal.

7.  Records show the applicant is entitled to correction of his records to show in item 12 (f) (Foreign Service) of the applicant's DD Form 214 10 months and 
7 days.

8.  Records show the applicant is entitled to correction of his records to show in item 18 (Remarks) of the applicant's DD Form 214 "Service in Kuwait (Operation Desert Spring) From 20020519 – 20021202; and Service in Iraq (Operation Iraqi Freedom) From 20030109 – 20030501."

BOARD VOTE:

___pms__  ____eem_  ____dkh  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:

     a.  by showing the awards of the AGCM for the period 12 July 2001 to 11 July 2004, ARCOM, AAM, Iraqi Campaign Medal, AFEM, and the CIB;

     b.  by showing in item 12 (f) (Foreign Service) of the applicant's DD  
Form 214 10 Months and 7 days; and

     c.  by showing in item 18 (Remarks) of the applicant's DD Form 214 "Service in Kuwait (Operation Desert Spring) From 20020519 – 20021202; and Service in Iraq (Operation Iraqi Freedom) From 20030109 – 20030501." 




_________Paul M. Smith_________
          CHAIRPERSON




INDEX

CASE ID
AR20060015003
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070105
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.