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ARMY | BCMR | CY2007 | 20070000956C071029
Original file (20070000956C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2007
      DOCKET NUMBER:  AR20070000956


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Mr. Michael J. 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, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 12 April 2005
be corrected to add the Iraq Campaign Medal; the Armed Forces Service
Medal; the Expert Marksmanship Qualification Badge with grenade bar; the
Marksman Marksmanship Qualification Badge with rifle bar; qualification
badges with submachine gun bar, field artillery bar, and tank weapons bar;
the National Defense Service Medal, the Armed Forces Expeditionary Medal,
and two overseas bars.

2.  The applicant states, in effect, that the awards listing on his DD Form
214 for the period ending 12 April 2005 is incorrect.

3.  The applicant provides three DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant served on initial active duty for training while in the
Army National Guard from 22 July 1983 through 22 October 1983.  His DD Form
    214 for the period ending 22 October 1983 shows he was awarded the Army
Service Ribbon, the Marksman Marksmanship Qualification Badge with rifle
bar, and the Expert Marksmanship Qualification Badge with hand grenade bar.

3.  The applicant served on active duty with the Regular Army from on or
about   6 April 1986 to on or about 12 August 1987 (his DD Form 214 is
partially illegible).  This DD Form 214 shows he was awarded the Army
Service Ribbon and the “Hand Grenade (2nd Class).”

4.  The applicant enlisted in the Army National Guard on 19 August 2003.
He was ordered to active duty in support of Operation Iraqi Freedom and
entered active duty on 19 October 2003.  He served in Iraq from 21 March
2004 through 17 March 2005.  He was released from active duty on 12 April
2005.

5.  The applicant’s DD Form 214 for the period ending 12 April 2005 shows
he was awarded the Army Commendation Medal, the National Defense Service
Medal, the Global War on Terrorism Expeditionary Medal, the Global War on
Terrorism Service Medal, the Armed Forces Reserve Medal with “M” device,
the Army Service Ribbon, the Overseas Service Bar (2d award), the Combat
Infantryman Badge, and the Driver and Mechanic Badge with Driver-W bar.

6.  The applicant was honorably discharged from the Army National Guard and
as a Reserve of the Army on 12 July 2005.

7.  There is no evidence in the applicant’s current Army National Guard
records or prior Regular Army records to show he qualified in any weapons
other than the rifle and hand grenade as listed on his DD Forms 214.

8.  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.

9.  Army Regulation 600-8-22 states that 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.

10.  On 22 June 2007, the Board analyst asked the applicant if he desired
to have the Iraq Campaign Medal in lieu of the Global War on Terrorism
Expeditionary Medal.  He failed to respond.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic
marksmanship qualification badges.  The qualification badge is awarded to
indicate the degree in which an individual has qualified in a prescribed
record course, and an appropriate bar is furnished to denote each weapon
with which the individual has qualified.  The qualification badges are in
three classes:  Expert, Sharpshooter, and Marksman.  Authorized component
bars include the rifle bar, the grenade bar, the submachine gun bar, the
tank weapons bar, and the field artillery bar.  “2nd Class” is not listed
as an authorized component bar.

12.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states that effective 1 August 1981 all members of the Active Army, Army
National Guard, and Army Reserve in an active Reserve status are eligible
for the award for successful completion of overseas tours.  The award may
be awarded retroactively to those personnel who were credited with a normal
overseas tour completion before 1 August 1981 provided they had an Active
Army status on or after 1 August 1981 and the overseas service is not
recognized with another U.S. service medal.  Numerals are used to denote
the second and subsequent awards of the Overseas Service Ribbon.

13.  Army Regulation 600-8-22 provides that award of the Armed Forces
Expeditionary Medal is authorized for certain specified U. S military
operations, U. S. operations in direct support of the United Nations, and
U. S. operations of assistance for friendly foreign nations.

14.  Department of Defense 1348.33-M (Manual of Military Decorations and
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.  Service members must be members of a
unit participating for 1 or more days in the operation within the
designated area of eligibility, or meet one or more of the following
criteria:  (1) be engaged in direct support for 30 consecutive days in the
area of eligibility (or for the full period when an operation is of less
than 30 days duration) or for 60 nonconsecutive days provided this support
involves entering the area of eligibility; or participate as a regularly
assigned crew member of an aircraft flying into, out of, within, or over
the area of eligibility in support of the operation.

15.  On 22 June 2007, the Board analyst asked the applicant why he believed
he was eligible for award of the Armed Forces Expeditionary Meal and the
Armed Forces Service Medal and if he had any overseas service other than in
Iraq.  He did not respond.

16.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms and prescribes the awards, insignia and accouterments authorized
for wear on the uniform.  In pertinent part, it states that one overseas
service bar is authorized for each period of 6 months active Federal
service as a member of a U. S. Service participating in Operation Iraqi
Freedom from 19 March 2003 to a date to be determined.  Both the month of
arrival and the month of departure will count as a whole month for credit
toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 12 April 2005 already
reflects award of two overseas bars (for his service in Iraq) and the
National Defense Service Medal.  Since the applicant did not respond when
asked if he had any overseas service other than in Iraq, it appears this DD
Form 214 already properly reflects these awards.

2.  There is no evidence in the applicant’s current Army National Guard
records or prior Regular Army records to show he qualified in any weapons
other than the rifle and hand grenade as listed on his DD Forms 214.  “2nd
Class” is not listed in the governing regulation as an authorized component
bar; however, his DD Form 214 for the period ending 12 April 2005 should be
amended to add the Marksman Marksmanship Qualification Badge with rifle bar
and the Expert Marksmanship Qualification Badge with hand grenade bar.

3.  The applicant meets the eligibility criteria for award of the Overseas
Service Ribbon for his 13-month tour in Iraq.  This award should be added
to his DD Form 214 for the period ending 12 April 2005.

4.  The applicant did not respond to inquiries requesting clarification of
his request for award of the Iraq Campaign Medal, the Armed Forces Service
Medal and the Armed Forces Expeditionary Medal.  Therefore, there is
insufficient evidence to add these awards to his DD Form 214 for the period
ending 12 April 2005.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jtm___  __rjo___  __mjf___  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 the DD Form 214 for the period ending 15 April 2005 of the
individual concerned be corrected by adding the Marksman Marksmanship
Qualification Badge with rifle bar, the Expert Marksmanship Qualification
Badge with hand grenade bar, and the Overseas Service Ribbon.


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
adding qualification badges with submachine gun bar, field artillery bar,
and tank weapons bar; the Iraq Campaign Medal; the Armed Forces Service
Medal; or the Armed Forces Expeditionary Medal to his DD Form 214 for the
period ending 15 April 2005.




                                  __John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2000000956                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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