IN THE CASE OF:	     

		BOARD DATE:	         25 September 2008

		DOCKET NUMBER:  AR20080009908 


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 show award of the Meritorious Service Medal, Iraqi Campaign Medal, and Combat Action Badge.  He further requests to have his honorable discharge shown on his last [final] DD Form 214.

2.  The applicant states that he was awarded the Meritorious Service Medal in May 2006.  He also states, in effect, that he would like to have his record indicate award of the Iraqi Campaign Medal in lieu of his previously awarded Global War on Terrorism Expeditionary Medal.  The applicant concludes that he would like to see if he qualifies for award of the Combat Action Badge which was awarded to other Soldiers in his unit.

3.  The applicant provides copies of a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), a DD Form 214, a Memorandum for Record regarding the Iraqi Campaign Medal, a DA Form 638 (Recommendation for Award), and Discharge Orders as additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he was a member of the United States Army Reserve assigned to a Troop Program Unit based at Fort Missoula, Montana.  He possessed the military occupational specialty 21B (Engineer Officer).  The highest grade he achieved while on active duty was captain (CPT)/pay grade O-3.

2.  The applicant's DD Form 214 shows that he was ordered to active duty in support of Operation Iraqi Freedom and served during the period 2 January 2004 through 14 April 2005.  During this period of active duty, the applicant served in Iraq from 26 March 2004 through 11 March 2005.

3.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Global War on Terrorism Expeditionary Medal.  This document does not show award of either the Meritorious Service Medal or the Combat Action Badge.

4.  Army Regulation 600-8-2 (Military Awards), in pertinent part, provides that service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that 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.  No service member will be entitled to both medals for the same act, achievement or period of service.

5.  Headquarters, 379th Engineering Battalion, Missoula, Montana, Memorandum for Record, dated 20 October 2005, shows the applicant is authorized to wear the Iraqi Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal in recognition of his service in Iraq during the period 15 April 2004 through 9 March 2005.

6.  DA Form 638, initiated 21 December 2005, shows the applicant was awarded the Meritorious Service Medal by the 96th Regional Readiness Command, Salt Lake City, Utah, Permanent Order Number 045-002, dated 14 February 2006.

7.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier 

for the Combat Infantryman Badge or the Combat Medical Badge.  The Combat Action Badge will be announced in Permanent Orders.  The award of the Combat Action Badge is not automatic and will not be awarded solely on the basis of award of the Purple Heart.

8.  There is no evidence in the available records that shows the applicant was either awarded or recommended for award of the Combat Action Badge.  Additionally, there is no evidence that the applicant was personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement at any time.

9.  The applicant's DD Form 214 for the period ending 14 April 2005 shows that he was released from active duty with an honorable characterization of service upon completion of his required active service.  This form also shows the applicant was transferred back to his Troop Program Unit in a reserve status.

10.  Headquarters, United States Army Reserve Command, Fort McPherson, Georgia, Orders 05-307-00005, dated 3 November 2005, discharged the applicant from the United States Army Reserve effective 23 November 2005.  This Order shows the type of discharge received by the applicant was Honorable.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Meritorious Service Medal, Iraqi Campaign Medal, and Combat Action Badge.  He further contends that his honorable discharge should be shown on his last [final] DD Form 214.

2.  The applicant was authorized to wear the Iraqi Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal by an appropriate approval authority.  Therefore, the applicant is entitled to have his record corrected to show award of the Iraqi Campaign Medal and withdrawal of the Global War on Terrorism Expeditionary Medal.

3.  Although Permanent Orders awarded the applicant the Meritorious Service Medal, the inclusive period of the award did not end until 22 November 2005; which was seven months after he was released from active duty.  Therefore, the applicant is not entitled to have his DD Form 214 corrected to show award of the Meritorious Service Medal.

4.  Army Regulation 635-5 states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 issued to the applicant when he was released from active duty on 14 April 2005 shows the characterization of his service was honorable.  Additionally, the orders issued to the applicant when he was discharged from the United States Army Reserve on 23 November 2005 show the type of discharge received by the applicant was Honorable.  Both of these documents were properly prepared in regard to the applicant's characterization of service and the type of discharge he ultimately received.  As a result, his records are correct as currently constituted and no action by the Board is necessary.

5.  There is no evidence in the available records that the applicant was either awarded or recommended for award of the Combat Action Badge.  Additionally, there is no evidence that the applicant was personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement at any time.  Therefore, there is no basis upon which to grant the requested relief.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement for award of the Combat Action Badge.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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.	withdrawing the applicant’s Global War on Terrorism Expeditionary Medal at his request;

	b.	awarding him the Iraqi Campaign Medal; and

	c. providing the applicant a correction to his separation document to show these changes.

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 Combat Action Badge and issuing him a DD Form 214 to show award of the Meritorious Service Medal and receipt an Honorable Discharge.



      _________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)                                         AR20080009908



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ABCMR Record of Proceedings (cont)                                         AR20080009908



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