IN THE CASE OF:	  

		BOARD DATE:	        11 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010328 


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 records to show award of the Good Conduct Medal, the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Presidential Unit Citation, the Army Valorous Unit Citation [sic] (Valorous Unit Award), and the “Army Meritous Unit Citation” [sic] (Meritorious Unit Commendation). 

2.  The applicant states he earned those awards during his military service and that they were not included on his discharge papers.

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

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 6 June 2006.

	b.  Permanent Orders Number 276-43, dated 8 December 2005, awarding him the Good Conduct Medal (1st Award).

	c.  Permanent Orders 127-113, dated 7 May 2003, awarding him the Combat Infantryman Badge.

	d.  Certificate, dated 1 January 2004, showing the applicant was awarded the Army Commendation Medal.

	e.  Extract of Deployment Order Number 041-01.
   f.  Two copies of a certificate awarding the Presidential Unit Citation to the 2nd Brigade, 82nd Airborne Division.
   
   g.  List of units.	 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army for a period of 4 years on 7 June 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 6 June 2006.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

2.  The applicant’s records also show he served in Iraq, in support of Operation Iraqi Freedom, from 15 February 2003 to 8 January 2004.  He was assigned to Company B, 1st Battalion, 325th Airborne Infantry Regiment, 2nd Brigade, 82nd Airborne Division.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas service Ribbon, and the Parachutist Badge.

4.  Item 13 does not show award of the Good Conduct Medal, the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Presidential Unit Citation, the Valorous Unit Award, or the Meritorious Unit Commendation.

5.  Headquarters, 1st Battalion, 325th Airborne Infantry Regiment, Fort Bragg, North Carolina, Permanent Orders Number 276-43, dated 8 December 2005, show the applicant was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity while serving in the U.S. Army, from 7 June 2002 to 6 June 2005.

6.  The Awards Branch of the U.S. Army Human Resources Command, Alexandria, Virginia, official unit awards website, shows the 1st Battalion, 325th Airborne Infantry Regiment was awarded the Valorous Unit Award during its service in Iraq from 1 September 2003 to 30 November 2003, and the 2nd Brigade, 82nd Airborne, was awarded the Presidential Unit Citation from 19 March 2003 to 1 May 2003.
7.  There is no indication in the applicant’s records that he served in Afghanistan or that he served in a unit that was awarded the Meritorious Unit Commendation.

8.  An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 25 August 2008, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 February 2003 to 31 January 2004 for service in Iraq only.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  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 OIF.  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.  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. 

The following rules, in effect, apply to award of the Iraq Campaign Medal:  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. 

10.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  

11.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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. 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.   
The following rules apply to award of the Afghanistan Campaign Medal: the Afghanistan Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 
12.  Army Regulation 600-8-22 in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.



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

14. Headquarters, Task Force Falcon, Baghdad, Iraq, Permanent Orders       127-113, dated 7 May 2003, show the applicant was awarded the Combat Infantryman Badge, while engaged in active ground combat, during the period 24 March 2003 to 28 April 2003. 

15.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Liberation of Iraq, 19 March 2003 to 1 May 2003, and the Transition of Iraq, 2 May 2003 to 28 June 2004, campaigns during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity while serving in the U.S. Army, from 7 June 2002 to 6 June 2005, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

2.  Permanent Orders awarded the applicant the Combat Infantryman Badge, while engaged in active ground combat, during the period 24 March 2003 to 28 April 2003, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  Department of the Army General Orders awarded the applicant’s unit the Valorous Unit Award and the Presidential Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  With respect to award of the Iraq Campaign Medal, the applicant’s records show he was awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq from 15 February 2003 to 8 January 2004.  His records do not show any other period of service in Iraq.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal for the same action, time period or service.  The applicant is in effect electing to receive the Iraq Campaign Medal in lieu of the Global War on 

Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of his records to show award of the Iraq Campaign Medal.  Furthermore, the applicant participated in two campaigns while serving in Iraq and is therefore entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

5.  With respect to award of the Afghanistan Campaign Medal, there is no evidence in the applicant’s records and the applicant did not submit any evidence to show he served in Afghanistan.  Therefore, there is insufficient evidence to award the applicant the Afghanistan Campaign Medal.

6.  With respect to award of the Meritorious Unit Commendation, there is no evidence that the applicant served with a unit that was awarded this award.  Therefore, there is insufficient evidence to award the applicant the Meritorious Unit Commendation

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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.  deleting the entry “Global War on Terrorism Expeditionary Medal” from Item 13 of the applicant’s DD Form 214, dated 6 June 2006; and
   
   b.  showing award of the Good Conduct Medal (1st Award), the Combat Infantryman Badge, the Valorous Unit Award, the Presidential Unit Citation, and the Iraq Campaign Medal with two bronze service stars.





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 Meritorious Unit Commendation and the Afghanistan Campaign Medal.



      ___        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)                                         AR20080010328



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ABCMR Record of Proceedings (cont)                                         AR20080010328



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