RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070014972 


	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. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan

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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 September 2005 be corrected to show award of the Iraq Campaign Medal and the Combat Action Badge (CAB).

2.  The applicant states, in effect, that he fulfilled the requirements for award of the Iraq Campaign Medal in accordance with Public Law 108-234 and Executive Order 13363.  He also states he fulfilled the requirements for award of the CAB by his contact with the enemy in the Jisr Diyala District in Baghdad, Iraq.  He states he received direct fire and that he held a defensive checkpoint position against potential insurgent attack.  He further states, in effect, that the upper echelon of command intentionally withheld names due to a controversy wherein officers awarded the CAB to Soldiers who were not involved in combat. 

3.  The applicant provides a copy of his DD Form 214 and a memorandum, dated 6 August 2007, from an infantry captain attesting to the applicant's involvement in direct and indirect hostile fire as a member of Scout Platoon. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he initially enlisted in the Army National Guard (ARNG) on 31 October 1981 for a period of 6 years.  He completed basic and advanced individual training and was awarded the military occupational specialty (MOS) 31V (Tactical Communications Systems Operator/Mechanic) on 31 August 1984.  

2.  On 11 February 1985, he executed a Simultaneous Membership Program (SMP) Agreement with the ARNG electing to participate in the Reserve Officer Training Corps (ROTC) program.  On 26 August 1985, he was disenrolled from the ROTC program at Washington State University because he failed to enroll in the Fall 1985 semester.  On 1 October 1986, he was transferred to the Army Reserve Control Group (Reinforcement).  The NGB Form 22 (Report of Separation and Record of Service) he was issued on this date shows that he was released due to his continuous and willful absence from his ARNG unit.  This same NGB Form 22 shows that his characterization of service was under honorable conditions. 

3.  On 29 November 2001, the applicant enlisted in the ARNG in the State of Washington for six years.  On 15 November 2003, he was ordered to active duty in support of Operation Iraqi Freedom.  Records show he was assigned to Headquarters and Headquarters Company, 1st Battalion, 161st Infantry and that his MOS was 19D (Cavalry Scout).  

4.  On 16 September 2005, he was released from active duty due to his completion of required active service and was transferred back to his ARNG unit.  He was issued a DD Form 214, which shows that he had completed 1 year, 10 months, and 2 days of active service during this period. 

5.  On 15 March 2006, a medical "Fitness for Duty" evaluation determined that he was medically disqualified for continued service in the ARNG under the provisions of Army Regulation 40-501 (Standards of Medical Fitness).  As a result, he was discharged from the ARNG on 17 April 2006 due to medical unfitness.

6.  The applicant's military personnel records do not contain General Orders or other evidence to show that he was awarded the CAB.  In the absence of evidence supporting his award of the CAB, the applicant has an administrative remedy available to obtain this award under the provisions of Army Regulation 600-8-22, which states, in pertinent part, that applications for retroactive award of the CAB will be forwarded to the Army Decorations Board at the Human Resources Command-Alexandria with all supporting documents.  He has been notified by separate correspondence regarding submission of a recommendation for award of the CAB under this provision.  As a result, award of the CAB requested by the applicant is not discussed further in these Proceedings.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 issued on 16 September 2005 shows that he was awarded the Global War on Terrorism-Expeditionary Medal (GWOTEM).  This DD Form 214 does not show award of the Iraq Campaign Medal.  

8.  Item 12f (Record of Foreign Service) shows that during this active duty period his foreign service was 9 months and 9 days.  Item 18 (Remarks) shows that he did serve in Iraq, an imminent danger pay area, from 15 March 2004 to 23 December 2004. 

9.  In preparing these Board proceedings, the applicant was advised through electronic communication on 12 February 2008, that he was entitled to award of the GWOTEM or the Iraq Campaign Medal but not both for his period of service in Iraq.  He stated, through an electronic message dated 12 February 2008, that he would like to receive the Iraq Campaign Medal. 

10.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Medal (GWOTEM) was established by Executive Order 13289 on 13 March 2003 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.  

11.  Army Regulation 600-8-22 states that the Iraq Campaign Medal was authorized by Public Law 108-234 and Executive Order 13363 on 29 November 2004.  Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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. 

12.  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. 

13.  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. 

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant is entitled to award of the Iraq Campaign Medal or the GWOTEM for his foreign service in Iraq in support of Operation Iraqi Freedom in excess of 30 days.  Upon his release from active duty, records show he was awarded the GWOTEM.  

2.  The regulatory guidance shows that upon application, a Soldier may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  But that no service member will be entitled to both medals for the same act, achievement or period of service.  

3.  Therefore, since the applicant has applied for award of the Iraq Campaign Medal it would be fair and equitable to award him the Iraq Campaign Medal per his request.  In awarding the Iraq Campaign Medal, the Board is required by regulatory guidance to remove award of the GWOTEM from the applicant's official records.

BOARD VOTE:

_ _FCJ__  __CD ___  __SWF  _  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 with a separation date of 16 September 2005 to show award of the Iraq Campaign Medal and to rescind award of the Global War on Terrorism Expeditionary Medal.





___Frank C. Jones  ___
      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.