RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070011885 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

	a.  Meritorious Service Medal (2nd Oak Leaf Cluster) instead of Meritorious Service Medal (2nd Award);

	b.  Army Commendation Medal (6th Oak Leaf Cluster) instead of Army Commendation Medal;

	c.  Army Achievement Medal (6th Oak Leaf Cluster) instead of Army Achievement Medal; 

	d.  Good Conduct Medal (6th Award) instead of Good Conduct Medal;

	e.  NATO Medal with one bronze service star instead of the NATO Medal; and the

	f.  Valorous Unit Award.

The applicant also requests award of the Iraqi Campaign Medal in lieu of his already-awarded Global War on Terrorism Expeditionary Medal.

2.  The applicant states, in effect, that his awards on his DD Form 214 are incorrect due to a computer or clerical error while separating for retirement. 

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 31 October 2005;

	b.  Headquarters, 13th Corps Support Command, Fort Hood, Texas, Permanent Order 11-1, award of the Meritorious Service Medal;

	c.  Headquarters, V Corps, Permanent Order 361-079, dated 27 December 2003, award of the Meritorious Service Medal;



	d.  Headquarters, Fort Carson, Colorado, Permanent Orders 087-003, dated 28 March 2005, award of the Meritorious Service Medal;

	e.  Headquarters, V Corps, Permanent Orders 319-3, dated 14 November 2000, award of the Army Commendation Medal;

	f.  Headquarters, 59th Ordnance Brigade, Permanent Orders 63-12, dated 1 August 1992, award of the Army Commendation Medal;

	g.  Headquarters, 2nd Recruiting Brigade, Fort Gilliam, Georgia, Permanent Order 58-9, dated 15 November 1994, award of the Army Commendation Medal;

	h.  Headquarters, 2nd Infantry Division, Permanent Order 234-002, dated 21 August 1996, award of the Army Commendation Medal;

	i.  Headquarters, National Support Element, Permanent Order 341-04, dated 7 December 1998, award of the Army Commendation Medal;

	j.  Headquarters, 32nd Army Air Defense Command, Permanent Orders 136-1, dated 23 October 1987, award of the Army Commendation Medal;

	k.  Headquarters, 7th Signal Command, Fort Ritchie, Maryland, Permanent Orders 52-2, dated 21 May 1990, award of the Army Commendation Medal;

	l.  Headquarters, U.S. Army Recruiting Battalion, Jackson, Mississippi, Permanent Order Number 6-4, dated 20 December 1993, award of the Army Achievement Medal;

	m.  Headquarters, U.S. Army Recruiting Battalion, Jackson, Mississippi, Permanent Order Number 6179, dated 27 June 1996, award of the Army Achievement Medal;

	n.  Headquarters, 2nd Infantry Division, Permanent Order 18-09, dated 21 March 1996, award of the Army Achievement Medal;




	o.  Headquarters, Special Troops Battalion, 13th Corps Support Command, Fort Hood, Texas, Permanent Order Number 17-1, dated 6 June 1997, award of the Army Achievement Medal;

	p.  Headquarters, Special Troops Battalion, 13th Corps Support Command, Fort Hood, Texas, Permanent Order Number 44-1, dated 26 October 1997, award of the Army Achievement Medal;

	q.  Headquarters, Special Troops Battalion, 13th Corps Support Command, Fort Hood, Texas, Permanent Order Number 138-8, dated 16 June 1998, award of the Army Achievement Medal;

	r.  Headquarters, Task Force 709th Military Police Battalion, Camp Bondsteel, Kosovo, Permanent Order 272-06, dated 29 September 2002, award of the Army Achievement Medal;

	s.  Detachment A, 55th Personnel Services Battalion, Permanent Order 269-120, dated 26 September 2002, award of the Good Conduct Medal (6th Award); and

	t.  Memorandum, dated 3 November 2005, Approved Recommendation and Citation for Award of the Valorous Unit Award to the 18th Military Police Brigade.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a master sergeant (MSG)/E-8 Military Policeman in the Regular Army who entered military service on 13 November 1984 and was retired from active duty on 31 October 2005.  The DD Form 214 he was issued shows he completed 20 years, 11 months, and 18 days of net active military service.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Bronze Star Medal, the Meritorious Service Medal (2nd Award), the Army Commendation Medal, the Army Achievement Medal, the Army Superior Unit Award, the Good Conduct Medal, the National Defense Service Medal, the Korea Defense Service Medal, the Armed Forces Expeditionary Medal, the Kosovo 



Campaign Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon (4th Award), the NATO Medal, the USA Recruiter Badge, the Parachutist Badge, the Driver and Mechanic Badge, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.

3.  The applicant’s records show that he was awarded three awards of the Meritorious Service Medal, seven awards of the Army Commendation Medal, seven awards of the Army Achievement Medal, and six awards of the Good Conduct Medal, on miscellaneous dates, while serving at different units, throughout his military career. 

4.  The applicant's records show that he was assigned to Headquarters and Headquarters Detachment, 709th Military Police Detachment, Germany, from October 2001 to January 2004.  His records further show that he served in Iraq as a member of this unit during the period 10 March 2003 to 1 January 2004. 

5.  U.S. Army Human Resources Command, Alexandria, Virginia, Memorandum, dated 3 November 2005, shows that the 18th Military Police Brigade was awarded the Valorous Unit Award for extraordinary heroism in action against an armed enemy during the period 13 March 2003 to 31 January 2004.

6.  The applicant's records show that, while assigned to Headquarters and Headquarters Detachment, 709th Military Police Detachment, Germany, he also served in Kosovo in support of Operation Joint Guardian VII, as a member of Headquarters, Task Force 709th Military Police Battalion, during the period 24 April 2002 through 2 November 2002.

7.  The North Atlantic Treaty Organization (NATO) Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.





8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states, in pertinent part, that the following missions/operations have been approved by the Secretary of Defense, for acceptance and wear of the NATO Medal: 
	(1)  Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined);
	(2)  Operations related to Kosovo (13 October 1998 to a date to be determined);
	(3)  Operation EAGLE ASSIST (12 October 2001 to 16 May 2002); 
	(4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined); 
	(5)  International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined); and 
	(6) Operations in the Balkans (1 January 2003 to a date to be determined).
9.  To qualify for award of the NATO Medal, US military personnel must complete the qualifying period of service.  Qualifying periods of service for the NATO Medal are either 30 days (continuous or accumulated) in the territory and airspace of the former Republic of Yugoslavia and the Adriatic sea, or 90 days (continuous or accumulated) in the area or operations outside the former Republic of Yugoslavia and Adriatic sea, between 1 July 92 and a future date to be determined.  Serving status: To be eligible for award of the NATO Medal, US military personnel must serve or have served under one of the following command structures:
	(1)  under direct NATO command in Headquarters AFSOUTH, Headquarters NAVSOUTH, Headquarters AIRSOUTH, or Headquarters SATAF, and in direct support of NATO operations in the former Republic of Yugoslavia;
	(2)  under direct NATO command in other installations, within the area of operations and in direct support of NATO operations, as designated by SACEUR;
	(3)  under direct NATO operational command in the NATO airborne early warning force, or in ships assigned to operations maritime monitor, maritime guard or sharp guard; or
	(4)  under direct NATO operational control in operation deny flight, in ships and aircraft assigned to operations maritime monitor, maritime guard or sharp guard, or as NATO liaison officers. 
Because the commencement date of NATO medal eligibility for operations concerning the former Republic of Yugoslavia is 1 July 92, NATO has developed two distinct sets of instructions for identifying eligible individuals--transitory instructions for the period 1 July 92 through 30 November 95, and permanent instructions for the period from 1 December 95 through the termination date of the award.  Subsequent awards (if approved by the Secretary of Defense) for service in a different NATO operation, U.S. military personnel will affix a bronze service star to the NATO Medal suspension ribbon and service ribbon.
10.  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. 
11.  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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  
	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; 
	(2)  is wounded or injured and requires medical evacuation from the area of eligibility; or 
	(3)  while participating 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. 
The following rules apply to award of the Iraq Campaign Medal:  The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. 

12.  Army Regulation 600-8-22 states, in pertinent part, that oak leaf clusters are awarded to denote the second and succeeding awards of certain decorations, among which are the Meritorious Service Medal, Army Commendation Medal, and the Army Achievement Medal.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star to denote a subsequent award of the NATO Medal for service in a different NATO operation.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders show that the applicant was awarded three awards of the Meritorious Service Medal.  Therefore, he is entitled to correction of his records to show award of the Meritorious Service Medal (2nd Oak Leaf Cluster).

2.  Permanent Orders show that the applicant was awarded seven awards of the Army Commendation Medal.  Therefore, he is entitled to correction of his records to show award of the Army Commendation Medal (6th Oak Leaf Cluster).

3.  Permanent Orders show that the applicant was awarded seven awards of the Army Achievement Medal.  Therefore, he is entitled to correction of his records to show award of the Army Achievement Medal (6th Oak Leaf Cluster).

4.  Permanent Orders show that the applicant was awarded six awards of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal (6th Award).

5.  Evidence of record shows that the applicant served in a unit that was under direct NATO command in Headquarters SATAF in Kosovo, during the period 24 April 2002 through 2 November 2002.  Therefore, he is entitled to one bronze service star to be affixed to his NATO Medal and correction of his records to show this award.

6.  Evidence of record shows that the applicant served in a unit that was awarded the Valorous Unit Award for extraordinary heroism in action against an armed enemy in Iraq.  Therefore, he is entitled to correction of his record to show award of the Valorous Unit Award.

7.  Evidence of record shows that the applicant was awarded the Global War on Terrorism Expeditionary Medal for service from 10 March 2003 to 1 January 2004, in an area for which the Iraq Campaign Medal was subsequently authorized.  Therefore, he is entitled to award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal and correction of his records to show this award.

BOARD VOTE:

__fcj___  __lmd___  __mjf___  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by:

	a.  deleting the Meritorious Service Medal (2nd Award);
	
	b.  adding the Meritorious Service Medal (2nd Oak Leaf Cluster);

	c.  deleting the Army Commendation Medal;

	d.  adding the Army Commendation Medal (6th Oak Leaf Cluster);

	e.  deleting the Army Achievement Medal;

	f.  adding the Army Achievement Medal (6th Oak Leaf Cluster); 

	g.  deleting the Good Conduct Medal;

	h.  adding the Good Conduct Medal (6th Award);

	i.  deleting the NATO Medal;

	j.  adding the NATO Medal with one bronze service star;

	k.  adding Valorous Unit Award;

	l.  deleting the Global War on Terrorism Expeditionary Medal (GWOTEM); and

	m.  adding the Iraq Campaign Medal in lieu of the GWOTEM.



							Frank C. Jones, II
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011885
SUFFIX

RECON

DATE BOARDED
20070108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.