IN THE CASE OF:	  

		BOARD DATE:	        5 August 2008

		DOCKET NUMBER:  AR20080008647 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect all his awards and decorations.

2.  The applicant states that when he reviewed his DD Form 214 Worksheet, it included all his awards and decorations; however, when his final DD Form 214 was processed, it omitted all those awards.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 dated 22 June 2007. 

	b.  DD Form 214 Worksheet, dated 22 June 2007. 

	c.  Orders 65-12, dated 10 December 2005, award of the Driver Badge.   

	d.  Permanent Orders 93-186, dated 3 April 2005, award of the Combat Infantryman Badge.

	e.  Four certificates, dated on miscellaneous dates, showing three awards of the Army Commendation Medal and one award of the Army Achievement Medal. 




CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army for a period of 3 years on 23 June 2003.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 22 June 2007. 

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the entry “None.” 

3.  Headquarters, 155th Brigade Combat Team, Iraq, Permanent Orders        290-050, dated 17 October 2005, show the applicant was awarded the Army Commendation Medal for meritorious service in Iraq from 20 January 2005 to 31 August 2005.

4.  Headquarters, 2nd Squadron, 11th Cavalry Regiment, Fort Irwin, California, Permanent Orders Number 045-007, dated 14 February 2007, show the applicant was awarded the Army Commendation Medal for meritorious from 1 November 2004 to 22 May 2007.

5.  Headquarters, 155th Brigade Combat Team, Iraq, Permanent Orders        288-026, dated 15 October 2005, show the applicant was awarded the Army Commendation Medal with “V” Device for valorous achievement during Operation Iraqi Freedom on 17 April 2005. 

6.  Headquarters, 2nd Squadron, 11th Cavalry Regiment, Fort Irwin, California, Permanent Orders Number 353-6, dated 19 December 2006, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 1 December 2006 to 15 December 2006.    

7.  Headquarters, 155th Brigade Combat Team, Iraq, Permanent Orders        093-186, dated 3 April 2005, show the applicant was awarded the Combat Infantryman Badge for engagement in ground combat in Iraq, from 9 January 2005 to 16 February 2005.

8.  Headquarters, 155th Brigade Combat Team, Iraq, Permanent Orders 065-12, dated 10 December 2005, show the applicant was awarded the Driver Badge with Wheel and Track Vehicle Driver, for performing his assigned duties as a driver for 12 consecutive months from 25 November 2004 to 1 December 2005.  

9  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

10.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

12.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

13.  Army Regulation 600-8-22 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. 

14.  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. 

15.  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.

16.  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 three awards of the Army Commendation Medal, one for valor, which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

2.  The evidence of record shows that the applicant was awarded the Army Achievement Medal, the Combat Infantryman Badge, the Driver and Mechanic Badge with Tracked Vehicle Clasp, and the Driver and Mechanic Badge with Wheeled Vehicle Clasp, which are not shown on his records; therefore, he is entitled to correction of his records to show these awards and badges.

3.  The evidence of record shows that the applicant served a qualifying period for award of the Global War on Terrorism Service Medal, the Army Service Ribbon, and the National Defense Service Medal, which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

4.  The evidence of record shows that the applicant was awarded the Combat Infantry Badge for engaging the enemy from 9 January 2005 to 16 February 2005 in Iraq; the Army Commendation Medal with “V” Device for valorous action on 17 April 2005; and the Army Commendation Medal for meritorious service from 20 January 2005 to 31 August 2005, in Iraq.  Therefore, although the exact dates of service in Iraq cannot be firmly established, there is sufficient evidence to show he served in Iraq for at lease 30 days and is entitled to award of either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.  

5.  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, the applicant is entitled to award of the Global War on Terrorism Campaign Medal and correction of his records to show this award.  

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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 showing award of the Army Commendation Medal (2nd Oak Leaf Cluster) with “V” Device, the Army Achievement Medal, the Army Service Ribbon, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Combat Infantryman Badge, the Driver and Mechanic Badge with Tracked Vehicle Clasp, and the Driver and Mechanic Badge with Wheeled Vehicle Clasp.




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      _______ _   _______   ___
       	   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)                                         AR20080008647



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ABCMR Record of Proceedings (cont)                                         AR20080008647



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