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ARMY | BCMR | CY2007 | AR20070004109C071029
Original file (AR20070004109C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 September 2007
      DOCKET NUMBER:  AR20070004109


      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. Larry C. Bergquist            |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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 all of his Army Achievement Medals be
included on his Certificate of Release or Discharge from Active Duty (DD
Form 214) for the period covering 9 July 1993 through 8 August 1997.  He
also requests award of the Combat Medical Badge, the Combat Action Badge,
the Iraq Campaign Medal and the Korean Defense Service Medal; and
replacement medals for all of the decorations that are currently reflected
on his DD Form 214.

2.  The applicant states that his DD Form 214 is incorrect as currently
reflected.  He states that his unit served in Bagdad under an armor unit
and then under the 89th Military Police Brigade.

3.  The applicant provides in support of his DD Form 214 for the period
ending 8 August 1997; a copy of his DD Form 214 for the period ending 8
July 2004; a copy of a Recommendation for Award (DA Form 638) of the Army
Commendation Medal dated 30 March 2004; a copy of the certificate awarding
him the Army Commendation Medal; a copy of discharge orders dated 5 January
2005; a copy of Permanent Orders Number 192-02 awarding the Army
Achievement Medal; a copy of Permanent Orders Number 17-4 awarding him the
Army Achievement Medal; and a copy of Permanent Order Number 11-21 awarding
him the Army Achievement Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records, in part, to show
award of the Combat Action Badge.  There are no orders or other evidence
authorizing award of this decoration to the applicant.  In the absence of a
proper authority
for this decoration, the applicant may request award of the Combat Action
Badge by exhausting his administrative remedies in accordance with Army
Regulation 15-185, paragraph 2-5.  The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
and, as a result, it will not be discussed further in this Record of
Proceedings.

2.  On 27 July 1992, the applicant enlisted in the United States Army
Reserve (USAR) under the Delayed Entry Program in Syracuse, New York, for 8
years, in the pay grade of E-1.  He enlisted in the Regular Army on 9 July
1993, for 4 years, in the pay grade of E-2.  He successfully completed his
training as a medical specialist.



3.  The applicant extended his period of enlistment for 1 month on 30
September 1996.

4.  On 10 November 1994, the applicant was awarded the Army Achievement
Medal in Permanent Order Number 11-21, for meritorious service as a medical
specialist while serving in Pusan, Korea, from 12 December 1993 through
11 December 1994.

5.  Permanent Orders Number 192-02 were published on 10 July 1997, awarding
the applicant his second award of the Army Achievement Medal for
meritorious service from 6 January 1997 through 21 July 1997.

6.  On 8 August 1997, 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) to complete his
Reserve obligation.  The DD Form 214 that he was furnished at the time of
his REFRAD shows that that he was awarded the Army Achievement Medal, the
Army Good Conduct Medal, the National Defense Service Medal, the Army
Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship
Qualification Badge w/Grenade Bar, the Marksman Marksmanship Qualification
Badge w/Rifle Bar and the Air Assault Badge.  However, his DD Form 214 was
not annotated to show his second award of the Army Achievement Medal.

7.  The applicant enlisted in the North Carolina Army National Guard
(NCARNG) on 22 August 1997.

8.  Permanent Orders Number 17-4 were published on 3 December 1998,
awarding the applicant a third award of the Army Achievement Medal, for
outstanding service during annual training in 1998, at the United States
Army Joint Readiness Training Center, Fort Polk, Louisiana, for the period
covering 11 June 1998 through 27 June 1998.

9.  On 12 March 2003, orders were published ordering the applicant to
active duty in support of Operation Enduring Freedom with an effective date
of 15 March 2003.

10.  The available records indicate that on 8 July 2004, the applicant was
honorably REFRAD upon completion of his required service and he was
transferred to the 210th Military Police Company, Franklin, North Carolina.
 The


DD Form 214 that he was furnished at the time of his REFRAD shows that at
the time, he had been awarded the Army Commendation Medal, the Army
Achievement Medal, the Army Good Conduct Medal, the National Defense
Service Medal (2nd Award), the Global War on Terrorism Expeditionary Medal,
the Global War on Terrorism Service Medal, the Humanitarian Service Medal,
the Armed Forces Reserve Medal w/"M" Device, the Army Service Ribbon, the
Overseas Service Ribbon and the Air Assault Badge.  His DD Form 214 does
not reflect that by this time, he had three awards of the Army Achievement
Medal.

11.  The applicant was honorably discharged form the NCARNG on 1 January
2005.  His Report of Separation and Record of Service (NGB Form 22) shows
that at the time of his discharge, he had been awarded the Humanitarian
Service Medal, the Army Achievement Medal (2nd Award), the North Carolina
State Active Duty Ribbon (2nd Award), the Armed Forces Reserve Medal w/"M"
Device, the Overseas Service Ribbon, the Army Service Ribbon, the Global
War on Terrorism Expeditionary Medal, the Global War on Terrorism Service
Medal, the Air Assault Badge and the Army Commendation Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army Achievement Medal is awarded to any member of the armed
forces of the United States, who while serving in a noncombat area on or
after 1 August 1981, distinguished themselves by meritorious service or
achievement.

13.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the first oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Army
Achievement Medal.

14.  17.  Army Regulation 600-8-22 (Military Awards) states that the Korea
Defense Service Medal is authorized for award to members of the Armed
Forces of the United States who have served on active duty in support of
the defense of the Republic of Korea.  The area of eligibility and period
of eligibility are as follows: (1) the area of eligibility encompasses all
land area of the Republic of Korea, and the contiguous water out to 12
nautical miles; and (2) all air spaces above the land and water area.  The
period of eligibility is 28 July 1954 to a date to be determined by the
Secretary of Defense.  Service members must have been assigned, attached,
or mobilized to units operating in the area of eligibility for
30 consecutive or for 60 nonconsecutive days, or meet the following
criteria: (1) be engaged in combat during an armed engagement, regardless
of the time in the area of eligibility; (2) wounded or injured in the line
of duty and required


medical evacuation from the area of eligibility; or (3) participating as a
regularly assigned air crewmember flying sorties into, out of, or within
the area of eligibility in direct support of military operations.

15.  Paragraph 8-7b(4)1 of Army Regulation 600-8-22 (Military Awards)
provides that on or after 18 September 2001, medical personnel assigned or
attached to or under operational control of any ground Combat Arms unit
(not to include members assigned or attached to Aviation units) of brigade
or smaller size, who satisfactorily performed medical duties while the unit
is engaged in active ground combat, provided they are personally present
and under fire, are eligible for award of the Combat Medical Badge.
However, retroactive awards under these criteria are not authorized for
service prior to 18 September 2001.

16.  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.  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 Operation Iraqi
Freedom.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  The Army Achievement Medal is annotated on the applicant's DD Form 214
for the period covering 13 March 2003 through 8 July 2004.  However, his DD
Form 214 does not reflect the correct number of awards of the Army
Achievement Medal that he received during all of his periods of service.






2.  The available records indicate that the applicant was awarded his
initial Army Achievement Medal on 10 November 1994.  After he received his
initial award, he received two subsequent awards.  In accordance with the
applicable regulation, an oak leaf cluster is awarded to denote the second
and succeeding awards of the Army Achievement Medal.  Therefore, his DD
Form 214 should be corrected to reflect all of his awards of the Army
Achievement Medal.

3.  Additionally, the applicant is entitled to the Korea Defense Service
Medal for his service in Korea.  Permanent Orders Number 11-21 awarding him
his initial Army Achievement Medal indicates that he served in Pusan,
Korea, from 12 December 1993 through 11 December 1994.  He meets the
criteria in accordance with the applicable regulation; therefore, he is
entitled to award of the Korea Defense Service Medal.

4.  The applicant is not entitled to the Combat Medical Badge.  Although
his records reflect that he performed duties in the medical profession for
over 10 years, the available records fail to show that he was assigned,
attached or under operational control of any ground Combat Arms unit of
brigade or smaller size, or that he satisfactorily performed medical duties
while the unit was engaged in active ground combat.  Therefore, he is not
entitled to the Combat Medical Badge.

5.  Inasmuch as the applicant has already been awarded the Global War on
Terrorism Expeditionary Medal, he is not entitled to the Iraq Campaign
Medal.

6.  In regard to the request for replacement awards, the applicant may
write to the National Personnel Records Center (NPRC), to the attention of
Customer Service to request replacement medals and certificates.  The NPRC
should also be provided copies of the applicant’s separation and discharge
documents as well as any available orders for award of the medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___EIF__  __MJNT_  __LCB___  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 for the period ending 8
July 2004 to show that he was awarded the Army Achievement Medal w/two Oak
Leaf Clusters and the Korea Defense Service Medal.

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
awarding him the Combat Medical Badge and the Iraq Campaign Medal.




                                  ____Larry C. Bergquist____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004109                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070911                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  159                 |107.0113/COMBAT MEDICAL BADGE           |
|3.  1057                |107.0140/IRAQ CAMPAIGN MEDAL            |
|4.  1058                |107.0141/KOREA DEFENSE SERVICE MDL      |
|5.  189                 |110.0000/SEPARATION DOCUMENT            |
|6.  71                  |107.0025/ARMY ACHIEVEMENT MEDAL         |


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