IN THE CASE OF:	  

	BOARD DATE:	  10 June 2008

	DOCKET NUMBER:  AR20080001851 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Good Conduct Medal (GCMDL), the Southwest Asia Service Medal (SWASM), the Global War on Terrorism Service Medal (GWOTSM), the Iraq Campaign Medal, the Purple Heart and the Overseas Service Ribbon (OSR). 

2.  The applicant states, in effect, that it was not until he visited his local veterans affairs (VA) office that he realized that he had not received all of the decorations to which he was entitled to receive.  He goes on to state that he was released from active duty and was returned to his National Guard unit, while his unit remained in Iraq and he did not have a unit clerk to perform all the functions necessary to ensure he received all of his awards.  

3.  The applicant provides copies of his reports of separation (DD Form 214 and NGB Form 22), his orders to active duty, his medivac orders, his release from active duty (REFRAD) and discharge orders, and copies of his medical evaluation and physical evaluation board (MEB and PEB) documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Georgia Army National Guard (GAARNG) on 5 October 1993 for a period of 8 years.  He completed his training and was awarded the military occupational specialty (MOS) of a construction engineer repairer.  He was promoted to the pay grade of E-5 on 10 January 2001.  

2.  On 15 March 2003, the applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom for a period not to exceed 365 days.  He deployed to Kuwait/Iraq on 2 June 2003 and served there until 3 November 2003, when he was returned to Fort Stewart, Georgia, for further medical care.  

3.  He was released from the medical holding company on 20 February 2004 and was returned to duty.  On 22 March 2004, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 1 year and 8 days of active service during his mobilization, of which 5 months had been served overseas in the theater of operations.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with “M” Device, the Army Service Ribbon, the Army Lapel Button, the Expert Badge with rifle bar, and the Driver and Mechanic Badge. 

4.  Although all of the medical documentation is not available for review by the Board, the applicant provides a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) which shows that on 9 March 2006, a PEB convened at Fort Sam Houston, Texas and determined that the applicant was physically unfit to perform his duties due to chronic pain in the right hip and left ankle.  The PEB assigned him a 0% disability rating and recommended that he be separated with severance pay.  The applicant did not concur, but waived a formal hearing and submitted a written appeal.

5.  On 27 April 2006, the applicant was honorably discharged under the provisions of National Guard Regulation (NGR) 600-200, paragraph 8-26j(1), due to being medically unfit for retention.

6.  Documents provided by the applicant show that on 24 October 2003, while serving at Tallil Air Base, Iraq, the applicant experienced pain in his abdomen and groin area while changing a tire on a 10K forklift.  He sought treatment on 5 December 2003 and was diagnosed with a double hernia.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

8.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

9.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

10.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour length and specifically tour length for Iraq/Kuwait which is 12 months for all Soldiers.  Dependents are not authorized.

11.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
12.  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. 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. 

13.  Army Regulation 600-8-22 (Military Awards) provides that the 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.  There is no automatic entitlement to the Good Conduct Medal until the immediate commander has approved the award and the award has been announced in permanent orders.  An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service.  This applies to first award only, all other awards of the Good Conduct Medal require 3 full qualifying years of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the GWOTSM and the Iraq Campaign Medal has been noted and appears to have merit.  The applicant is qualified to receive both awards and it should be accomplished at this time. 

2.  The applicant’s contention that he is entitled to award of the SWASM has been noted and found to lack merit.  The termination date for award of the SWASM was in 1995, well before the applicant enlisted or deployed.  Accordingly, he is not entitled to that award.  

3.  The applicant’s contention that he is entitled to award of the OSR has also been noted and found to lack merit.  The normal overseas tour for Iraq/Kuwait is 12 months and the applicant only served 5 months.  Accordingly, he is not entitled to award of the OSR. 

4.  The applicant’s contention that he is entitled to award of the GCMDL has also been noted and found to lack merit.  Not only is there no automatic entitlement to award of the GCMDL, there is insufficient evidence to establish that he met the eligibility criteria for that award.

5.  The applicant’s contention that he is entitled to the award of the Purple Heart has been noted and also found to lack merit.  While the Purple Heart is an award in which an individual is entitled to receive based on being wounded in enemy action, there is no evidence in the available records to suggest that the applicant was wounded or injured as a result of enemy action.  Therefore, absent evidence to show otherwise, there appears to be no basis to award him the Purple Heart. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 awarding him the GWOTSM and the Iraq Campaign Medal with one bronze service star.

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 award of the Purple Heart, the SWASM, the OSR, and the GCMDL. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms. 




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080001851





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ABCMR Record of Proceedings (cont)                                         AR20080001851



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