RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070004543 


	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. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. Bernard Ingold

Chairperson

Mr. Thomas Ray

Member

Mr. Gerald Purcell

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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 March 2007.

2.  The applicant states, in effect, his DD Form 214 does not show all his Foreign Service credits or awards earned while serving on active duty.  He states he deployed twice to Iraq first for Operation Iraqi Freedom (OIF) 1 and then for OIF 05-07.  He also states that there are two Army Commendation Medals not listed on his DD Form 214.  Finally, he requests award of the Global War on Terrorism Expeditionary Medal. 

3.  The applicant provides copies of his DD Form 214, two Army Commendation Medal certificates, a letter from a first sergeant and a personal authored statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 18 February 2003 and separated on 9 March 2007.  Records show that he completed basic combat and advanced individual training, and was awarded the military occupational specialty (MOS) 19K (Armor Crewman).  The highest rank he attained while serving on active duty was sergeant/pay grade E-5.  He completed 4 years and 22 days of active federal service.  His characterization of service is honorable.  He was retained on active duty beyond his expiration of his term of service for 385 days for the convenience of the government per Title 10, United States Code, Section 12305.

2.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the entries "Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraqi Campaign Medal, Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, Overseas Service Ribbon, Combat Action Badge, and the Driver and Mechanic Badge for Tracked Vehicles."

3.  A computer generated Enlisted Record Brief (ERB) obtained from the applicant's Official Military Personnel File on the Personnel Electronic Records Management System shows he was not awarded the Global War on Terrorism Expeditionary Medal or the Army Commendation Medal (2nd Oak Leaf Cluster).  The applicant’s electronic records do not contain orders for award of the Army Commendation Medals submitted by the applicant.
4.  The applicant's electronic record does contain one award of the Army Commendation Medal per Permanent Order Number 130-397 published by 1st Brigade Combat Team, 4th Infantry Division (Mechanized) for the period 6 December 2005 to 15 December 2006.

5.  The applicant provided a copy of a Certificate for Award of the Army Commendation Medal, announced by Permanent Order Number 033-110, issued by 67th Armor Regiment at location Army Post Office, Army Europe, Zip Code 09323 that shows award of the Army Commendation Medal for his period of service from 9 April 2003 to 15 December 2003.  The certificate shows the applicant was assigned to Bravo Company, 3rd Battalion, 67th Armor Regiment and served as a tank loader in direct support of Operation Iraqi Freedom.  A colonel, commanding, signed the certificate.  

6.  The applicant provided a second Certificate for the Award of the Army Commendation Medal, announced by Permanent Order Number 022-003, issued by 1st Brigade Combat Team, Fort Hood, Texas, that shows award of the Army Commendation Medal for his period of service from 25 July 2005 to 9 March 2007.  The certificate shows the applicant was assigned to Delta Company, 1-66 Armor Battalion, 1st Brigade Combat Team, as a tank loader and armor crewman.  A colonel, commanding, signed the certificate.

7.  The applicant provided a memorandum for record signed by the first sergeant for Delta Company, 1st Battalion, 66th Armor, 4th Infantry Division, dated 8 February 2007 which states, in effect, that the applicant deployed to the Central Command Area of Operations in direct support of Operation Iraqi Freedom from on or about 21 August 2003 through 2 May 2004.

8.  The applicant provided a self-authored statement in which he states, in effect, that he was honorably discharged from the Army on 9 March 2007 and he did not notice the mistakes on his DD Form 214 until some time later.  He requests that his first deployment to Iraq be credited to his Foreign Service Tour periods of active duty service, that 2 Army Commendation Medals and the Global War on Terrorism Expeditionary Medal be listed on his separation document.  

9.  Defense Finance and Accounting Service (DFAS) records show the applicant received imminent danger pay and hostile fire pay for the periods 1 August 2003 to 30 April 2004 and from 1 December 2005 to 30 November 2006.

10.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the DD Form 214.

11.  Army Regulation 635-5 provides, in pertinent part, a list of authorized source documents to be use when completing a Soldier's DD Form 214.  Included on this list is the ERB (computer generated).

12..  Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions 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.  The message also states that under no condition will any Soldier in the United States receive this award.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Expeditionary Medal to qualified personnel.  Permanent orders are not required. 
15.  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.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  

16.  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 contends that he was awarded two additional Army Commendation Medals not listed on his DD Form 214 issued on 9 March 2007.  Evidence shows the applicant was assigned to 67th Armor Regiment during the periods for which he received both Army Commendation Medals.  Both certificates submitted by the applicant contain permanent order numbers under which the Army Commendation Medals were awarded.  The appropriate authority signed the certificates.  The applicant provided sufficient evidence to warrant correcting his records to show award of the Army Commendation Medal (2nd Oak Leaf Cluster). 
2.  The applicant contends that he is entitled to award of the Global War on Terrorism Expeditionary Medal for his service in direct support of OIF 1.  The applicant submitted an award certificate for the Army Commendation Medal, which shows he was in the Central Command Area of Operations (AOR) from 9 April 2003 to 15 December 2003, specifically he was at location Zip Code 09323.  His unit first sergeant provided a memorandum for record stating the applicant was in the AOR for OIF 1 and DFAS confirmed the applicant received imminent danger pay for the period 1 August 2003 to 30 April 2004.  The applicant provided and records show sufficient evidence to warrant correcting his records to show award of the Global War on Terrorism Expeditionary Medal for the stated period. 

BOARD VOTE:

__BI      _  __TR____  __GP ___  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 amending his DD Form 214 to show the entry in Block 13 "Army Commendation Medal (2nd Oak Leaf Cluster) and Global War on Terrorism Expeditionary Medal."




_____ Bernard Ingold_________
          CHAIRPERSON




INDEX

CASE ID
AR20070004543
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070830
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.
107.00
2.

3.

4.

5.

6.