IN THE CASE OF:	  

		BOARD DATE:	        04 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007113 


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, that he be awarded the Iraq Campaign Medal (ICM). 

2.  The applicant essentially states that he served in Iraq for over 30 consecutive days during a qualifying period for award of the ICM, and that he was awarded the Combat Action Badge during this time.  He also states that his service in Iraq was in support of Operation IRAQI FREEDOM and was after 19 March 2003. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his release from active duty on 20 April 2005, and which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings; orders, dated 11 March 2004, which deployed him to the United States Central Command area of responsibility in support of Operation IRAQI FREEDOM; orders, dated 3 June 2006, which awarded him the Combat Action Badge for actively being engaged by the enemy from 27 March 2004 to 7 July 2004; and a self-authored statement, dated 
2 March 2008 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that after serving a 3-year enlistment in the Regular Army from 27 July 1973 to 26 July 1976, the applicant became a member of the United States Army Reserve (USAR), and that he remained in the USAR for the remainder of his military career, with three breaks in service.  On 
6 February 1998, he was appointed a warrant officer in the Military Police Corps and was awarded military occupational specialty 311A (Criminal Investigative Division [CID] Special Agent).  He was ordered to active duty in support of Operation NOBLE EAGLE on 15 August 2003, and served on active duty until he was honorably released from active duty on 20 April 2005.  His DD Form 214 shows that he served in Iraq from 29 to 31 January 2004, 27 March 2004 to
10 July 2004, 7 to 12 October 2004, and on 11 February 2005; Kuwait on five occasions for a total of 22 days; Qatar on 18 January 2005; Macedonia from
10 to 12 October 2004; Afghanistan from 5 to 17 December 2004; and Sri Lanka from 10 to 18 January 2005.  This document also essentially shows that he was awarded the Bronze Star Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Good Conduct Medal, the Army Reserve Components Achievement Medal with Second Oak Leaf Cluster, the National Defense Service Medal with Two Bronze Service Stars, the Kosovo Campaign Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal, the Korea Defense Service Medal, the Armed Forces Reserve Medal with Ten-Year Device and "M" (for Mobilization) Device, the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Office of the Secretary of Defense Identification Badge, and the NATO Medal.  On 15 April 2006, the applicant was transferred to the Retired Reserve.

2.  The applicant requested that he be awarded the ICM, and stated that he served in Iraq for over 30 consecutive days during a qualifying period for award of the ICM.  However, his military records contained a memorandum, dated 
14 May 2004, which essentially shows that he has already been awarded the GWOTEM for serving more than 30 consecutive days in Iraq in support of Operation IRAQI FREEDOM.  As the applicant did not specifically request that he be awarded the ICM in lieu of his already awarded GWOTEM, the analyst for these proceedings twice attempted to contact the applicant at the telephone number listed in his 2 March 2008 self-authored statement to determine the applicant's intent.  However, on both occasions, an unidentified woman who answered the telephone number indicated that the applicant was not available.  As a result, it will be presumed that the applicant is in fact requesting award of the ICM in lieu of his already-awarded GWOTEM.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the ICM.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq, he participated in the Transition of Iraq campaign (2 May 2003 to 28 June 2004) and the Iraqi Governance campaign (29 June 2004 to 15 December 2005).   

3.  During a review of the applicant’s records, it was determined that he is entitled to have the Combat Action Badge added to his DD Form 214.  Orders, dated 
3 June 2006, awarded the applicant the Combat Action Badge for actively being engaged by the enemy from 27 March 2004 to 7 July 2004, and this time period is covered by the applicant's DD Form 214. 

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the ICM 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 ICM 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.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such 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.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period, or service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the ICM. 

2.  The applicant served in Iraq for more than 30 consecutive days during a qualifying period of service for award of the ICM, and he is therefore eligible to apply to have his GWOTEM converted to the ICM.  Based upon his dates of service in Iraq, he participated in the Transition of Iraq and the Iraqi Governance campaign.  Therefore, he is entitled to the ICM with 2 bronze service stars.  

3.  As the applicant has requested award of the ICM, it effectively constitutes a request for the ICM in lieu of his already-awarded GWOTEM.  Therefore, he is entitled to award of the ICM, and also correction of his military records to show 
the award of the ICM and the removal of the GWOTEM.  Under no condition will the applicant be allowed to receive both the ICM and the GWOTEM for his service in Iraq from 27 March 2004 to 10 July 2004.

4.  Orders awarded the applicant the Combat Action Badge for actively being engaged by the enemy from 27 March 2004 to 7 July 2004, and this period of service was covered by his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Combat Action Badge. 

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 be corrected by:

	a.  deleting the GWOTEM; 

	b.  adding the ICM with 2 bronze service stars; and

	c.  showing the award of the Combat Action Badge.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his honorable 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)                                         AR20080007113



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007113



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1