IN THE CASE OF:	 

		BOARD DATE:	  9 October 2008

		DOCKET NUMBER:  AR20080009139 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Service Ribbon; the Iraqi Campaign Medal; the Global War on Terrorism Expeditionary Medal; the Army Commendation Medal; the National Defense Service Medal; and the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) and Driver-T (for track vehicles) Bars.   

2.  The applicant states, in effect, that these awards are not shown on his DD Form 214 dated 1 March 2007.  He obtained his record to prove/justify that he received these awards during his military service.  He also states that he was directed by his command that his deployment orders were standard proof for his Global War on Terrorism Expeditionary Medal and the Iraqi Campaign Medal.  He further states that his Army Service Ribbon and National Defense Service Medal were awarded at the end of his training and he never received official documentation for them.  

3.  In support of his application, the applicant provides copies of his Enlisted Record Brief; his deployment orders; his orders for the Driver and Mechanic Badge with Driver-W and Driver-T Bars; his DA Form 638 (Recommendation for Award) and resulting certificate; and his DD Form 214, in support of his application. 




CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he enlisted in the Regular Army, in pay grade E-1, on 4 March 2004, for 3 years.  He completed training and was awarded military occupational specialty 11B, Infantryman.  

2.  The applicant was issued orders for deployment with an effective date of 19 January 2005 until completion of mission.

3.  The applicant submits a copy of a DA Form 638, dated 7 September 2005, that shows he was recommended for award of the Army Commendation Medal, for exceptionally meritorious service during combat operations in support of Operation Iraqi Freedom, from 15 January 2005 to 31 December 2005, while assigned to B Company, 1st Battalion, 15th Infantry Regiment.  The award was approved on 1 November 2005 and the authority shown for this award is Permanent Order Number 305-021.

4.  The applicant further submits a copy of the resulting certificate, for award of the Army Commendation Medal, dated 1 November 2005, for the period of service from 15 January 2005 to 31 December 2005.  

5.  The applicant was discharged from active duty on 1 March 2007.

6.  Entries on the applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list the following award:  the Global War on Terrorism Service Medal.  

7.  Item 18 (Remarks), of the applicant's DD Form 214, shows he served in Iraq/Kuwait from 15 January 2005 to 9 January 2006.  His separation document does not reflect any of the awards and decorations associated with his service during Operation Iraqi Freedom.

8.  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.

9.  Army Regulation 600-8-22 also 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. 

10.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) 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.  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.  

11.  Army Regulation 600-8-22 further provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 also 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.  The National Defense Service Medal is awarded to anyone who serves on active duty in the United States military during the above time periods. 

13.  Army Regulation 600-8-22 further provides, in pertinent part for award of the Driver Badge.  To receive award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, or must Perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Component bars are authorized only for the following types of vehicles and/or qualifications:

(1) Driver—W (for wheeled vehicles).
(2) Driver—T (for tracked vehicles).
(3) Driver—M (for motorcycles).
(4) Driver—A (for amphibious vehicles).
(5) Mechanic (for automotive or allied vehicles).
(6) Operator—S (for special mechanical equipment).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed his initial entry training and was awarded military occupational specialty 11B and met the criteria for award of the Army Service Ribbon.  He is therefore entitled to this award and to have it added to his DD Form 214, dated 1 March 2007.

2.  The evidence of record also shows the applicant is entitled to the Iraqi Campaign Medal, based on his service in Iraq.  He is therefore entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record further confirms that the applicant was awarded the Army Commendation Medal, for exceptionally meritorious service from 15 January 2005 to 31 December 2005.  He is therefore entitled to have this award shown on his DD Form 214.

4.  The evidence of record further shows the applicant is entitled to award of the National Defense Service Medal for his period of active duty service and to have this award shown on his DD Form 214.

5.  The evidence further shows the applicant was awarded the Driver and Mechanic Badge with Driver-W and Driver-T Bars.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  The same period of service establishing eligibility for the Iraq Campaign Medal cannot be used to justify service eligibility for the Global War on Terrorism Expeditionary Medal.  Therefore, he is not entitled to award of the Global War on Terrorism Expeditionary Medal and to have this award shown on his DD Form 214.
7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  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:

	a.  adding to the list of awards on the applicant’s DD Form 214, dated 1 March 2007, the Army Service Ribbon, the Iraqi Campaign Medal; the Army Commendation Medal; the National Defense Service Medal; and the Driver and Mechanic Badge with Driver-W and Driver-T Bars; and

	b.  providing him a correction to his separation document that includes these awards.  

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 and its addition to his DD Form 214.



      __________x____________
               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)                                         AR20080009139



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ABCMR Record of Proceedings (cont)                                         AR20080009139


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