RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 September 2007
DOCKET NUMBER: AR20070004892
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. Thomas A. Pagan | |Chairperson |
| |Mr. Eric N. Andersen | |Member |
| |Mr. Paul M. Smith | |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 the Combat Action Badge be added to his DD
Form 214 (Certificate of Release or Discharge from Active Duty) for the
period ending 16 May 2005.
2. The applicant states he was awarded the Combat Action Badge after he
separated.
3. The applicant provides orders for the Combat Action Badge and a cover
letter from the North Carolina Department of Administration, Division of
Veterans Affairs.
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. The applicant enlisted in the Army National Guard on 23 March 1994. He
entered active duty on 17 January 2004. He served in Iraq from 22 February
2004 to 20 March 2005. He was released from active duty on 16 May 2005.
His DD Form 214 for the period ending 16 May 2005 shows he was awarded the
Army Commendation Medal, the Army Achievement Medal, the National Defense
Service Medal (2d award), the Global War on Terrorism Expeditionary Medal,
the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal
with “M” device, and the Army Service Ribbon.
3. Pennsylvania Army National Guard, Headquarters, 28th Infantry
(Keystone) Division (Mechanized) Orders 350-53, dated 16 December 2005,
awarded the applicant the Combat Action Badge.
4. Army Regulation 600-8-22 (Military Awards) states the requirements for
award of the Combat Action Badge are branch and MOS immaterial. Assignment
to a combat arms unit or a unit organized to conduct close or offensive
combat operations, or performing offensive combat operations is not
required to qualify for the Combat Action Badge. However, it is not
intended to award the Combat Action Badge to all Soldiers who serve in a
combat zone or imminent danger area. The Soldier must be performing
assigned duties in an area where hostile fire pay or imminent danger pay is
authorized. The Soldier must be personally present and actively engaging
or being engaged by the enemy, and performing satisfactorily in accordance
with the prescribed rules of engagement.
5. A Frequently Asked Questions document from the U. S. Army Human
Resources Command, Military Awards Branch, dated 22 January 2006, contains
examples to show Soldiers' eligibility for awards while deployed to Iraq or
Afghanistan. The document states "Question: How long do I have to serve
in Iraq or Afghanistan to be awarded the Overseas Service Ribbon? Answer:
Overseas tour credit is outlined in Army Regulation 614-30 (Overseas
Service). Provided is a clarification statement the proponent to Army
Regulation 614-30 has provided our office: Soldiers who serve a minimum of
11 cumulative months or 9 continuous months in Iraq in a temporary change
of station/tour of duty status get credit for a complete short tour. Your
reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7. Iraq and
Afghanistan are considered isolated areas where tour lengths have not been
established by Department of Defense; therefore, the Army gives equivalent
credit for periods of change of station/tour of duty."
DISCUSSION AND CONCLUSIONS:
The applicant provided evidence to show he was awarded the Combat Action
Badge. He also met the eligibility criteria for award of one Overseas
Service Ribbon by serving in Iraq for 13 continuous months. These awards
should be added to his DD Form 214 for the period ending 16 May 2005.
BOARD VOTE:
__tap___ __ena___ __pms___ 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
adding the Combat Action Badge and the Overseas Service Ribbon (one award)
to his DD Form 214 for the period ending 16 May 2005.
__Thomas A. Pagan___
CHAIRPERSON
INDEX
|CASE ID |AR20070004892 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070913 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |110.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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