IN THE CASE OF:	  

		BOARD DATE:	  28 October 2008	

		DOCKET NUMBER:  AR20080011497 


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 reconsideration for award of the Iraq Campaign Medal, the Novice Parachutist Badge, and the Army Commendation Medal (2nd Award).

2.  The applicant does not submit a statement in support of his application. 

3.  The applicant provides a copy of Permanent Orders 239-350, dated 
27 August 2001 in support of his application.  He also indicated that he was submitting a separate statement with his application; however, there was no separate statement attached to his application.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060007924 on 27 February 2007.

2.  During its original review of the case, the Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommended that the applicant's records be corrected to show award the Afghanistan Campaign Medal, the Army Commendation Medal (ARCOM), and to add to item 18 of his DD Form 214, the entry "Service in Afghanistan from 20021208 – 20030709."  The Board denied the applicant’s 
request pertaining to award of the Global War on Terrorism Expeditionary Medal (GWOTEM), the Iraq Campaign Medal (ICM), and the Novice Parachutist Badge as the evidence presented was insufficient to support granting relief. 

3.  As new evidence, the applicant provides a copy of Headquarters, United States Army Infantry Center, Fort Benning, GA Permanent Orders 239-350, dated 27 August 2001 awarding him the Parachutist Badge for successful completion of Airborne Training on 7 September 2001.  This order is also found in his electronic record.

4.  The applicant's record shows that he enlisted in the Regular Army on 3 April 2001.  He was honorably released from active duty on 11 November 2005 under the provisions of Army Regulation 635-200, Chapter 9 by reason of Alcohol Rehabilitation Failure.  He had completed 4 years, 7 months, and 9 days of active federal service at the time of is separation.

5.  The applicant's DD Form 214 shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the applicant was awarded the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Global War on Terrorism Service Medal.  In addition, the previous Board action recommended correction of his DD Form 214 by awarded him the Afghanistan Campaign Medal, showing award of the already-awarded ARCOM, and showing the period of his service in Afghanistan in Item 18 (Remarks).

6.  Headquarters, Task Force 2-504, Kandahar Airbase, Afghanistan memorandum, subject:  Statement of Wartime Service, dated 8 July 2003, certifies that the applicant was deployed to the Central Asian Joint Coalition Area of Operation, Afghanistan, in support of Operation Enduring Freedom from 
8 December 2002 to 9 July 2003.  

7.  The applicant’s Official Military Personnel File (OMPF) contains the ARCOM certificate with Permanent Order Number 132-10, issued by Headquarters, 1st Brigade, 82d Airborne Division.  The certificate verifies that the applicant was awarded the ARCOM for meritorious service while serving with Task Force Devil during Operation Enduring Freedom, Afghanistan, from 1 December 2002 to
5 June 2003.  This ARCOM award was addressed in the previous Board action with follow-on corrective action to his DD Form 214. 

8.  There is no documentation in the applicant’s file that shows he was deployed to Iraq or recommended for award of an ARCOM for service in Iraq.

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 apply to award of the Iraq Campaign Medal:  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service 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 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed 
the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation also provides a list of all U.S. Army decorations medals, badges, citations, and campaign ribbons authorized and the order of precedence. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request regarding award of the Iraq Campaign Medal and the Army Commendation (2nd award) was carefully considered and found to insufficient in merit.  There is no evidence nor has the applicant submitted any evidence to support his request.

2.  The applicant’s request regarding award of the Parachutist Badge was carefully considered and found to have merit.  Permanent Orders 239-350 provided by the applicant confirms that he was awarded the Parachutist Badge on 7 September 2001 based on successful completion of Airborne Training .  The Order is also found in his electronic record.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the award of the Parachutist Badge.

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 partial amendment of the ABCMR’s decision in Docket Number AR20060007924, dated 27 February 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Parachutist Badge; and providing him a correction to his separation document that includes this change.

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 Army Commendation Medal (2nd Award) and the Iraq Campaign Medal.



      __________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)                                         AR20080011497



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ABCMR Record of Proceedings (cont)                                         AR20080011497



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