RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20070000815 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. John Meixell

Chairperson

Mr. Robert Osborn

Member

Mr. Michael Flynn

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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending      28 February 2005 to show award of the Iraq Campaign Medal, the Meritorious Unit Commendation, and a fourth award of the Army Commendation Medal.  He also requests that his deployment dates (14 November 2003 to 13 November 2004) in Iraq be shown in item 18 (Remarks) on his DD Form 214. 

2.  The applicant does not provide an explanation. 

3.  The applicant provides a copy of his DD Form 214; reassignment orders; orders for two awards of the Army Commendation Medal; orders for the Meritorious Unit Commendation; a certificate of recognition; and documentation for the Combat Patch.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  After having had prior service, the applicant enlisted in the Regular Army on    5 August 1999, served as a human resources specialist, and was honorably discharged on 28 February 2005.

3.  Item 13 on the applicant's DD Form 214 for the period ending 28 February 2005 shows the Military Outstanding Volunteer Service Medal, the Army Commendation Medal (3rd Award), the Army Achievement Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Korean Defense Service Medal, the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Army Good Conduct Medal, and the Overseas Service Ribbon as authorized awards.  Item 18 (Remarks) on his DD Form 214 does not show any deployments.        

4.  Headquarters, 8th Personnel Command, Permanent Orders 191-1, dated 
10 July 2001, show the applicant received the Army Commendation Medal for meritorious service during the period 24 August 2000 to 1 June 2001.

5.  Headquarters, 8th Personnel Command, Permanent Orders 170-4, dated 
19 June 2002, show the applicant received the Army Commendation Medal for meritorious service during the period 4 June 2001 to 23 August 2002.

6.  The applicant provided orders, dated 6 March 2003, which show he was reassigned to Headquarters and Headquarters Detachment (HHD), 44th Corps Support Battalion effective 7 March 2003.

7.  Headquarters, 167th Corps Support Group, Permanent Orders 04-216-44, dated 3 August 2004, show the applicant received the Army Commendation Medal for exceptionally meritorious service while assigned as the S-2 noncommissioned officer in charge during a time of hostilities in support of Operation Iraqi Freedom during the period 13 November 2003 to 12 November 2004.

8.  Multi-National Force – Iraq Permanent Orders 050-007, dated 19 February 2005 show HHD, 44th Support Battalion received the Meritorious Unit Commendation for outstanding meritorious service during combat operations from 14 November 2003 to 13 November 2004 while operating at Forward Operating Base Speicher, Tikrit, Iraq and Life Support Area Diamondback, Mosul, Iraq in support of Operation Iraqi Freedom.

9.  Headquarters, 593rd Corps Support Group, Permanent Orders 005-001, which are undated, show the applicant received the Army Commendation Medal for exceptionally meritorious service during the period 2 April 1999 to 
28 February 2005.  (This period completely overlaps the periods shown on the three above mentioned orders for the Army Commendation Medal).

10.  On 19 June 2007, the applicant was notified by separate correspondence that he was eligible for the GWOTEM and the Iraq Campaign Medal for qualifying service in Iraq; however, he could only receive one of these service medals in recognition for his service in Iraq.  He was also advised that if he chose the Iraq Campaign Medal, the GWOTEM would be removed from his DD Form 214. The applicant responded on 26 June 2007 and requested award of the Iraq Campaign Medal.      

11.  Army Regulation 600-8-22 (Military Awards) 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. 

12.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.

13.  Paragraph 1-19 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Paragraph 1-19c states that continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in support of Operation Iraqi Freedom, he is entitled to award of the Iraq Campaign Medal.  Based on his decision to be awarded the Iraq Campaign Medal in lieu of the GWOTEM, it would be appropriate to remove the GWOTEM from his DD Form 214 for the period ending 
28 February 2005 and add the award of the Iraq Campaign Medal in item 13 on his DD Form 214. 

2.  Orders show the applicant’s unit received the Meritorious Unit Commendation.

3.  Orders show the applicant received four awards of the Army Commendation Medal for meritorious service.  Since one award is for overlapping dates of service, this award is not valid in accordance with the governing regulation.  Therefore, the applicant is entitled to three awards of the Army Commendation Medal which are properly reflected on his DD Form 214.  Based on the foregoing, there is insufficient evidence on which to add a fourth award of the Army Commendation Medal to his DD Form 214.       

4.  Although the applicant contends that he served in Iraq from 14 November 2003 to 13 November 2004, his orders for the Army Commendation Medal, dated 3 August 2004, show he received this medal for meritorious service during Operation Iraqi Freedom for the period 13 November 2003 to 12 November 2004.  Therefore, item 18 on his DD Form 214 will be amended to show he served in Iraq from 13 November 2003 to 12 November 2004. 





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

JM_____  __RO___  __MF____  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.  deleting the entry, “GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL” in item 13 on his DD Form 214 for the period ending 28 February 2005; 

	b.  amending item 13 on his DD Form 214 to add the Iraq Campaign Medal and the Meritorious Unit Commendation; and 

	c.  amending item 18 on his DD Form 214 to add the entry, "SERVICE IN IRAQ FROM 20031113 TO 20041112.”
	
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 a fourth award of the Army Commendation Medal and amending item 18 on his DD Form 214 for the period ending 28 February 2005 to show he served in Iraq from 14 November 2003 to 13 November 2004.  



___John Meixell_______
          CHAIRPERSON




INDEX

CASE ID
AR20070000815
SUFFIX

RECON

DATE BOARDED
20070719
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
100.0000
3.

4.

5.

6.