IN THE CASE OF:	  

		BOARD DATE:	        26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080009541 


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) with one bronze service star in lieu of his already-awarded Global War on Terrorism Expeditionary Medal (GWOTEM). 

2.  The applicant essentially states that he is entitled to request award of the ICM with one bronze service star in lieu of his GWOTEM under the provisions of Army Regulation 600-8-22 (Military Awards) and MILPER Message Number 08-123 (Afghanistan Campaign Medal and ICM and Campaign Stars), dated
30 April 2008.

3.  The applicant provides a certified copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to him on 24 June 2004, which will simply be referred to as his DD Form 214 throughout the remainder of these proceeding; an extract of Army Regulation 600-8-22 regarding the ICM; and MILPER Message Number 08-123 that was issued on 30 April 2008 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a member of the Montana Army National Guard serving in the rank of first sergeant.



2.  The applicant's military records show that he enlisted in the Regular Army on 21 October 1980 and served on active duty, which included a 2-year tour in Germany, until he was honorably released from active duty on 20 January 1985 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  On 20 October 1986, he was honorably discharged from the USAR after completing his military service obligation.  On 9 December 1999, he enlisted in the Montana Army National Guard.  He was ordered to active duty in support of Operation Enduring Freedom on 27 March 2003 and served with the 143rd Military Police Detachment in Kuwait from 19 May 2003 to 14 June 2003, Iraq from 15 June 2003 to 2 May 2004, and again in Kuwait from 3 May 2004 to 10 May 2004.  On 24 June 2004, he was honorably released from active duty.  His DD Form 214 shows that he was awarded the Bronze Star Medal, the Army Commendation Medal (2nd Award), the Army Achievement Medal (3rd Award), the Good Conduct Medal, the National Defense Service Medal, the GWOTEM, the Humanitarian Service Medal, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Army Service Ribbon, and the Overseas Service Ribbon.

3.  The applicant's DD Form 214 shows that he was awarded the GWOTEM for his service in Iraq from 15 June 2003 to 2 May 2004.  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).

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant's DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal (GWOTSM), but this service medal is annotated in item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II).

6.  A search of the listing of approved unit awards maintained by the United States Army Human Resources Command Military Awards Branch revealed that the 143rd Military Police Detachment was awarded the Valorous Unit Award for the period 30 May 2003 to 31 January 2004.




7.  The applicant's DD Form 214 shows that he was awarded the Overseas Service Ribbon, as did his DD Form 214 for his service in the Regular Army, as he completed a 2-year tour in Germany from March 1981 to March 1983.  The applicant also served more than 9 consecutive months in Iraq.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the GWOTEM is awarded 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 an area of eligibility.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE):  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

9.  Army Regulation 600-8-22 also 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.

10.  This same regulation provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the GWOTEM on or after 11 September 2001 to a future date to be determined. 

11.  Additionally, this regulation provides that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981, and 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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.  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.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army gives equivalent credit for such periods of overseas service.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a TCS/TDY [Temporary Change of Station/Temporary Duty] status get credit for a completed short tour. 

12.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that he be awarded the ICM with one bronze service star in lieu of his already-awarded GWOTEM. 



2.  The applicant was awarded the GWOTEM for his service in Iraq from 15 June 2003 to 2 May 2004, and he participated in one campaign during his service in Iraq.  As the applicant has requested that he be awarded the ICM with one bronze service star in lieu of his already-awarded GWOTEM, it would be appropriate at this time to correct his military records to show the award of the ICM with one bronze service star and remove his award of the GWOTEM.

3.  The applicant's DA Form 2-1 shows that he was awarded the GWOTSM, but it is not listed on his DD Form 214.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the award of the GWOTSM.

4.  The Valorous Unit Award was awarded to the 143rd Military Police Detachment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Valorous Unit Award and correction of his military records to show this unit award.

5.  The applicant completed a 2-year tour in Germany for which he was awarded the Overseas Service Ribbon.  He also served more than 9 continuous months in Iraq.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Overseas Service Ribbon with Numeral "2" to denote his completion of two overseas tours.  

BOARD VOTE:

___X_____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 from item 13 of his DD Form 214 with the ending date of 24 June 2004 the Global War on Terrorism Expeditionary Medal and the Overseas Service Ribbon; and
   
   b. adding to item 13 of his DD Form 214 with the ending date of 24 June 2004 the Valorous Unit Award, Iraq Campaign Medal with one bronze service star, the Global War on Terrorism Service Medal, and the Overseas Service Ribbon with Numeral "2."



      _______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)                                         AR20080009541



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ABCMR Record of Proceedings (cont)                                         AR20080009541



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