RECORD OF PROCEEDINGS


	IN THE CASE OF:      


	BOARD DATE:	  18 July 2007
	DOCKET NUMBER:  AR20070002058 


	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

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Mr. David K. Haasenritter

Member

Mr. William Blakely

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 award of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Combat Action Badge.

2.  The applicant states, in effect, that he was released from active duty before the orders for these awards were received.  He further states that he is now serving in the Army National Guard and needs these awards to make his records correct. 

3.  The applicant provides a copy of 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.  Army Regulation 600-8-22 (Military Awards) requires that requests for award of the Combat Action Badge be submitted through the first brigadier general commander in the 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 and a copy of their DD Form 214, if applicable. Veterans, Individual Ready Reserve, members of the other military services, and foreign military personnel should submit a written request directly to the same address.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration.  Therefore, it will not be discussed further in this Record of Proceedings. 

2.  On 8 January 1999, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 63H2O (Track Vehicle Repairer). 

3.  Records show that the applicant served for 12 months in the Republic of Korea from 15 November 2000 to 12 November 2001. 

4.  Records show that the applicant served in Kuwait and Iraq during the period from 7 January to 12 July 2003.

5.  On 4 April 2004, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He attained the rank of sergeant, pay grade E5, and had completed 5 years, 
2 months and 27 days of creditable active duty.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, lists his awards as the Army Commendation Medal, Army Achievement Medal (three awards), Presidential Unit Citation, National Defense Service Medal, Armed Forces Expeditionary Medal, Army Lapel Button, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not list the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Service Medal for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.  

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Expeditionary Medal for soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 
30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  Under no condition will any Soldier in the United States receive this award.   Kuwait and Iraq are qualifying locations for award of this medal. 
9.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 
7 December 1941 and 2 March 1946.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Denial requires the commander’s disqualifying comments. 

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal.  The Korean Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003. It 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 area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South 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 for 30 consecutive or 60 non-consecutive days.

12.  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.   Records show the applicant served in the United States Army during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, his records should be corrected to show this award.

2.   Records show the applicant served overseas in a qualifying location for award of the Global War on Terrorism Expeditionary Medal.  Therefore, his records should be corrected to show this award.

3.  The applicant served during a qualifying period for award of the Iraq Campaign Medal and may, if he so chooses, request to exchange his Global War on Terrorism Expeditionary Medal for the Iraq Campaign Medal.

4.  The evidence of record clearly shows that the applicant distinguished himself by his conduct, efficiency, and fidelity, as partly evidenced by his promotion to sergeant.  He served a qualifying period of time for an initial award of the Army Good Conduct Medal.  Furthermore, there is no evidence showing that his commander took any action to deny him this award. Therefore, he should be awarded the Army Good Conduct Medal.

5.   Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

__JNS __  __DKH __  __WB __  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 shown on his DD Form 214, his authorized awards includes the Army Good Conduct Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Korean Defense Service Medal.





____    John N. Slone _____
          CHAIRPERSON




INDEX

CASE ID
AR20070002058
SUFFIX

RECON
 
DATE BOARDED
20070718 
TYPE OF DISCHARGE

DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.