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ARMY | BCMR | CY2007 | 20070003263
Original file (20070003263.TXT) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070003263 


	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. Rial D. Coleman

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Scott W. Faught

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 he was awarded the Meritorious Service Medal and the Iraq Campaign Medal.

2.  The applicant states, in effect that the above awards were not placed on his DD Form 214 because they were not approved until after the date he retired.

3.  The applicant provides copies of his DD Form 214, a certificate and order awarding him the Meritorious Service Medal, and orders awarding him the Combat Infantryman Badge as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted into the United States Army Delayed Entry Program 28 June 1983 and entered active duty 18 October 1983.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (Infantryman).  The highest rank and grade he attained while serving on active duty was sergeant first class/pay grade E-7.  The applicant served 30 days in Saudi Arabia and 31 days in Iraq.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Meritorious Service Medal.

3.  Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Permanent Order Number A-084-2, dated 25 March 2005, awarded the applicant the Meritorious Service Medal upon his retirement.  The certificate for this award is annotated with this order number and posted in the applicant's Official Military Personnel File (OMPF).

4.  Item 13 of the applicant's DD Form 214 shows award of the Global War on Terrorism Expeditionary Medal.  Item 18 shows he served in Iraq for the period from 12 March 2004 to 12 April 2004.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that only one award of the Iraq Campaign Medal may be authorized for any individual.
Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he was awarded the Meritorious Service Medal and the Iraq Campaign Medal was carefully considered and determined to be with partial merit.

2.  Permanent Orders awarded the applicant the Meritorious Service Medal.  Therefore, the applicant is entitled to have his records corrected to show this award.

3.  The applicant was awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq.  Army Regulation prohibits the award of both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement or period of service.  Therefore, the applicant is not entitled to have his records corrected to show award of the Iraq Campaign Medal.

BOARD VOTE:

__JTM__  __JRM___  __SWF__  GRANT FULL RELIEF

________  ________  ________  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 to show award of the Meritorious Service 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 Iraq Campaign Medal.  




___John T. Meixell____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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