IN THE CASE OF:
BOARD DATE: 29 May 2008
DOCKET NUMBER: AR20080003952
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, in effect, correction of his records to show award of the Combat Action Badge and the Global War on Terrorism Expeditionary Medal.
2. The applicant states that the awards were approved after his release from active duty.
3. The applicant provides a copy of orders awarding him the Combat Action Badge and a memorandum authorizing him award of the Global War on Terrorism Expeditionary Medal, in support of his application.
CONSIDERATION OF EVIDENCE:
1. With prior service in the U.S. Army Reserve and the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR), in the rank/grade of private first class (PFC)/E-3, on 28 June 2001. He was assigned to the 215th Quartermaster Company, Jeffersonville, Indiana.
2. On 5 November 2004, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Iraqi Freedom and subsequently served in Kuwait/Iraq from 29 December 2004 to 9 December 2005. He was honorably released from active duty and reverted back to his USAR status on 6 January 2006.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 the applicant was issued at the time of his release from active duty shows he was awarded, among other awards, the Iraqi Campaign Medal and the Global War on Terrorism Service Medal. Item 13 does not show award of the Combat Action Badge and the Global War on Terrorism Expeditionary Medal.
4. Headquarters, 88th Regional Readiness Command, Fort Snelling, Minnesota, Orders 06-034-00055, dated 3 February 2006, shows the applicant was awarded the Combat Action Badge for actively engaging and being engaged by the enemy on 7 March 2005.
5. Headquarters, 215th Quartermaster Company (Direct Support), Memorandum, dated 4 December 2005, shows that the applicant served in Iraq during the period 29 December 2004 to 9 December 2005 and was thus authorized award of the Global War on Terrorism Expeditionary Medal.
6. Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal 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. 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.
7. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal 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.
8. Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas. To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: a) be engaged in combat during an armed engagement, regardless of the time in the
area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or
c) participates 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]. This campaign medal may be awarded posthumously.
9. Only one award of the Iraq Campaign Medal may be authorized for any individual. Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was awarded the Combat Action Badge for actively engaging and being engaged by the enemy on 7 March 2005, which is not shown on his records; therefore, he is entitled to correction of his records to show award of the Combat Action Badge.
2. The evidence of record further shows that the applicant was awarded the Iraqi Campaign Medal. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, a Soldier who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary Medal. However, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service. Therefore, he is not entitled to award of the Global War on Terrorism Expeditionary Medal.
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 showing award of the Combat Action Badge on his DD Form 214, dated 6 January 2006.
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 Global War on Terrorism Expeditionary Medal.
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) AR20080003952
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