IN THE CASE OF:	  

		BOARD DATE:	  14 August 2008

		DOCKET NUMBER:  AR20080009717 


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 Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show the Meritorious Service Medal (MSM), Global War on Terrorism Service Medal (GWOTSM), Joint Meritorious Unit Award (JMUA), and 2 bronze service stars with his Iraq Campaign Medal (ICM). 

2.  The applicant states, in effect, that the GWOTSM was overlooked and not listed on his last DD Form 214 when it was issued.  He also states that the MSM, JMUA, and 2 bronze service stars with his ICM were all awarded subsequent to his being issued his final separation document.

3.  The applicant provides the following documents in support of his application:  3 July 2006 DD Form 214; United States Army Reserve Command (USARC) Augmentation Unit, Orders 5-139-0007, dated 9 May 2005; MSM Certificate; Recommendation for Award (DA Form 638); Joint Staff Permanent Orders 
J-JSO-0218-06, dated 17 October 2006; Headquarters, Multi-National Corps Iraq Memorandum; JMUA Citation; and Officer Evaluation Report (DA Form 67-9).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on 5 June 2005, while service in the rank of major (MAJ) as a member of the United States Army Reserve (USAR), the applicant was ordered to active duty in support of Operation Enduring Freedom for a period of 445 days.
2.  The applicant's Official Military Personnel File (OMPF) contains an OER covering the period 26 October 2005 through 12 June 2006, in which the applicant was evaluated as an Environmental Chief while serving with the 
Multi-National Corps Iraq C7.  

3.  On 3 July 2006, the applicant was honorably released from active duty (REFRAD), after having completed 1 year and 29 days of active military service during the period (5June 2005 - 3 July 2006).  The DD Form 214 issued at that time shows he completed 11 months and 15 days of foreign service during this same period.  

4.  Item 13 of the applicant's 3 July 2006 DD Form 214 shows the applicant earned the following awards:  Bronze Star Medal; Army Commendation Medal 3rd Oak Leaf Cluster; Army Achievement Medal 1st Oak Leaf Cluster; Army Reserve Component Achievement Medal 3rd Oak Leaf Cluster; National Defense Service Medal 1st Oak Leaf Cluster; Iraq Campaign Medal; Army Service Ribbon; Overseas Service Ribbon; Army Reserve Component Overseas Training Ribbon 5th Oak Leaf Cluster; Armed Forces Reserve Medal with "V" (Valor) Device; Armed Forces Reserve Medal with 10 Year Device; Driver and Mechanic Badge with Driver Wheeled Vehicle Clasp; and German Army Marksmanship Badge Bronze.  Item 18 (Remarks) includes an entry which shows the applicant served in Iraq from 28 June 2005 through 12 June 2006. 

5.  The applicant provides a DA Form 638 which shows he was awarded the MSM for his meritorious service during the period 24 February 1997 through 
23 February 2007.  It further shows this award was announced in Headquarters, 99th Regional Readiness Command Permanent Orders 78-1 on 19 March 2007.

6.  The applicant also provides Joint Staff, Permanent Order J-JSO-0218-06, dated 17 October 2006, which shows his unit (Headquarters, Multinational Corps-Iraq) was awarded the JMUA for their service in Iraq during the period 
20 January 2006 to 14 December 2006.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-19 contains guidance on award of the GWOTSM.  It states, in pertinent part, that it is authorized to members who have participated in the GWOT operations outside of a designated area of eligibility (AOE) for the Global War on Terrorism Expeditionary Medal (GWOTEM) on or after 11 September 2001, to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated during the qualifying period having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

8.  Department of the Army, Military Personnel Message (MILPER MSG) 
Number 08-123 provides, in pertinent part, guidance on the criteria, applicability, and standards on awarding and the wear of service stars on the ICM.  It states that a bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving Iraq.  MILPER MSG 08-123 contains a list of Iraq campaigns.  It shows that during the applicant’s deployment in Iraq, campaign credit was granted for the Iraqi Governance and National Resolution campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the MSM, GWOTSM, JMUA, and 2 bronze service stars with his ICM should be added to his record and separation document was carefully considered and found to have partial merit.  

2.  The evidence of record confirms that the applicant served on active duty from 15 June 2005 through 3 July 2006, during which time he completed 11 months and 15 days of foreign service in Iraq.  The remaining 1 month and 14 days was completed outside of an authorized GWOTEM AOE.  Therefore, he is entitled to the GWOTSM, and it would be appropriate to add this award to his record and separation document at this time.

3.  The evidence of record also confirms that while the applicant was assigned for duty in Iraq, his unit was awarded the JMUA in official orders, and that during the period he served in Iraq, campaign credit was granted for the Iraqi Governance and National Resolution campaigns.  Therefore, it would be appropriate to correct Item 13 of his DD Form 214 by adding the JMUA and 
2 bronze service stars with the applicant's ICM. 

4.  The evidence of record also confirms that the applicant was last issued a 
DD Form 214 upon completion of his active duty service performed from 6 June 2005 to 3 July 2006, and that he was awarded the MSM on 19 March 2007, for his meritorious service for a period ending on 23 February 2007, subsequent to his REFRAD.  By regulation, the separation document is a reflection of the service performed during the period it covers.  Therefore, since the applicant received the MSM subsequent to his REFRAD and the issue of his 3 July 2006 DD Form 214, it would not be appropriate and there is an insufficient evidentiary basis to support adding the MSM to his separation document.  


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 amending Item 13 of his 3 July 2006 DD Form 214 by adding the Global War on Terrorism Service Medal, Joint Meritorious Unit Award, and 2 bronze service stars with his Iraq Campaign Medal; and by 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 adding the Meritorious Service Medal to the list of awards on his 3 July 2006 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)                                         AR20080009717



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ABCMR Record of Proceedings (cont)                                         AR20080009717



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