RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  06 March 2008
	DOCKET NUMBER:  AR20070007076 


	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. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 two separate applications, that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that he was awarded the Army Achievement Medal (Second Oak Leaf Cluster), the Good Conduct Medal, the Army Commendation Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, the Combat Infantryman Badge, Fighting Vehicle Infantry Course, and "CLS."

2.  The applicant states that those awards were not included on his DD Form 214.

3.  The applicant provides in support of his application a copy of his DD Form 214 dated 22 September 2006; a copy of Orders 275-429, dated 1 October 2004; a copy of Orders 262-009, dated 19 September 2006; a copy of a DA Form 638 (Recommendation for Award) dated 23 November 2005; a copy of a DA Form 4950 (Good Conduct Medal Certificate) for the period 10 October 2004 to 15 December 2005; a copy of a DA Form 4980-18 (Army Achievement Medal Certificate) dated 26 December 2005; a copy of his DD Form 214 dated
20 December 2003; a copy of Permanent Orders 127-07 dated 7 May 2003; a copy of a Memorandum for Record, subject: Deployment Orders dated 26 April 2002 with attached Permanent Orders 108-00011 dated 18 April 2002 and manifest listing.

CONSIDERATION OF EVIDENCE:

1.  The applicant's request regarding "CLS" is unclear.  The applicant does not indicate what this abbreviation stands for or pertains to.  Therefore, this issue will not be further discussed in these proceedings.

2.  In regard to amending his DD Form 214 to reflect he was awarded the Combat Infantryman Badge, his DD Form 214, dated September 206, already reflects award of the Combat Infantryman Badge.  Therefore, it will not be further discussed in these proceedings.

3.  On 18 August 2000, the applicant enlisted in the United States Army Reserve (USAR) under the Delayed Entry Program, in Los Angeles, California, for 8 years, in the pay grade of E-1.  He enlisted in the Regular Army (RA) for 3 years on 24 August 2000.  He went on to successfully complete his training as a light weapons infantryman.

4.  On 18 April 2002, Permanent Orders 108-00011 was published informing the applicant’s unit, including the applicant, of a temporary change of station with assignment to the United States Army Forces Command to participate in an off-post deployment to Southwest Asia.

5.  On 26 April 2002, a Memorandum of Record, subject: Deployment Orders was published deploying the applicant’s unit, including the applicant, to Kuwait, Southwest Asia, in support of Operation Desert Spring 02-02.  The orders show that the date of deployment was from 1 May 2002 until on or about 1 November 2002.

6.  The available record shows that the applicant was in Iraq when Permanent Orders 127-07 was published on 7 May 2003, awarding him the Combat Infantryman Badge for engaging in active ground combat during the period 24 March 2003 through 28 April 2003.

7.  On 20 December 2003, the applicant was honorably released from active duty (REFRAD) upon completion of his required active service and he was transferred to the USAR Control Group (Reinforcement).  The DD Form 214 that he was furnished shows that he was awarded the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon.

8.  On 27 September 2004, the applicant enlisted in the California Army National Guard for 3 years and 9 months.

9.  Orders 275-429 was published on 1 October 2004, ordering the applicant to active duty in support of Operation Enduring Freedom with a reporting date of 10 October 2004.

10.  The available record shows that the applicant was at Camp Monteith, Kosovo, on 23 November 2005, when he was recommended for award of the Army Achievement Medal (Second Oak Leaf Cluster) for outstanding performance during the period 1 February 2005 to 1 November 2005, while on deployment as part of a peacekeeping force for KFOR6B.  The recommendation indicates that he was previously awarded the Army Achievement Medal (First Oak Leaf Cluster) and the Army Commendation Medal.

11.  Permanent Orders 360-10 was published on 26 December 2005, awarding the applicant the Army Achievement Medal for outstanding performance during the period 1 February 2005 to 1 November 2005.

12.  The certificate that the applicant submitted with his application indicates that he was awarded the Good Conduct Medal for exemplary behavior, efficiency and fidelity in active Federal military service for the period from 10 October 2004 to 15 December 2005.  

13.  The applicant was honorably released from active duty on 22 September 2006, upon completion of his required active service.  The DD Form 214 that he was furnished shows that he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Kosovo Campaign Medal, the Army Service Ribbon, one Overseas Service Ribbon, the Armed Forces Reserve Medal with "M" Device, the NATO Medal, and the Combat Infantryman Badge.  His DD Form 214 also shows that he had no military education.  His DD Form 214 does not show that he was awarded the Army Achievement Medal (Second Oak Leaf Cluster), the Army Commendation Medal, and the Good Conduct Medal.

14.  Army Regulation 600-8-22 (Military Awards) provides 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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  This regulation also states, in pertinent part, that eligible personnel include:

	a.  Active Component enlisted Soldiers; and

	b.  Active Guard Reserve (AGR) enlisted personnel serving on extended periods of active duty beginning on or after 1 September 1982, provided no period of the service has been duplicated by the same period of service for which the Army Reserve Components Achievement Medal (ARCAM) has been awarded.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.

16.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being 
conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are 
present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

17.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.

18.  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. 

19.  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. 

20.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all period of service in the priority sequence specified in AR 800-8-22.  Each entry will be verified by the Soldier’s records.  It further states that Certificates of Appreciation or Achievement are not authorized for entry.

21.  Army Regulation 635-5 further provides, in pertinent part, that for Block 14 (Military Education), list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Army Achievement Medal and the Army Commendation.  He was recommended for award of the Army Achievement Medal (Second Oak Leaf Cluster) on 23 November 2005.  At the time this recommendation was initiated, the fact that he had previously been awarded the Army Achievement Medal (First Oak Leaf Cluster) and the Army Commendation Medal was determined.  He was awarded 
the Army Achievement Medal (Second Oak Leaf Cluster) in Permanent Orders 360-10.  Therefore, it is reasonable to presume that the information in the recommendation was correct and that he is entitled to have his DD Form 214 amended to reflect these awards.

2.  The applicant is also entitled to the Global War on Terrorism Expeditionary Medal based on his deployment abroad for service in the Global War on Terrorism Operations on or after 11 September 2001, for over 30 consecutive days; and the Armed Forces Expeditionary Medal based on his participation in military operations while he was serving in Kuwait.  These awards should be included on his DD Form 214.

3.  The certificate the applicant submitted in support of his application suggests he was entitled to award of the Army Good Conduct Medal.  The certificate indicates that he was awarded the Army Good Conduct Medal for the period
10 October 2004 to 15 December 2005.  Although he produced an Army Good Conduct Medal certificate, he was ineligible for this award for the indicated period of service based on his National Guard status.  However, he was eligible for the Good Conduct Medal for the period 24 August 2000 to 23 August 2003, while serving as a member of the Regular Army.  There is no evidence in the available record that suggests he was disqualified for award of the Army Good Conduct Medal by any of his commanders during his initial period of active duty service.  Therefore, this award should also be included on his DD Form 214.

4.  The applicant is not entitled to award of both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.  In accordance with the applicable regulation, service members qualified for the Global War on Terrorism Expeditionary Medal by reason 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.  If the applicant has a desire to be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal, he should submit a new application to this Board specifically requesting that this action be taken.

5.  As previously stated, only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed and that training courses for combat skills will not be listed.  Therefore, there is no basis for amending his DD Form 214 to reflect that he completed the Fighting Vehicle Infantry Course.


7.  Although the applicant has two DD Forms 214 for his separate periods of service, regulatory guidance provides that awards for all period of service will be listed in the priority sequence specified in AR 800-8-22.  Therefore, we will only correct the applicant’s latest DD Form 214, dated 22 September 2006 to reflect all his authorized awards.

8.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JBG__  __RSV___  __DWS _  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 by amending his DD Form 214, dated 22 September 2006, to show that in addition to the awards already listed, he was awarded the Armed Forces Expeditionary Medal, the Global War on Terrorism Expeditionary Medal, the Army Good Conduct Medal for the period from 24 August 2000 to 23 August 2003; the Army Achievement Medal (Second Oak Leaf Cluster), the Army Commendation Medal, and the Army Lapel Button.

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 amending his DD Form 214 to show that he completed the Fighting Vehicle Infantry Course and award of the Iraq Campaign Medal.




___James B. Gunlicks      __
          CHAIRPERSON


INDEX

CASE ID
AR20070007076
SUFFIX

RECON

DATE BOARDED
20080306
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  189
110.0000/SEPARATION DOCMENTS
3.  1
110.0400/ADD APPROVED AWARDS
4.

5.

6.