IN THE CASE OF:	  

		BOARD DATE:	        15 OCTOBER 2008

		DOCKET NUMBER:  AR20080012213 


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 that he be awarded the Iraq Campaign Medal (ICM) and that it be added to his DD Form 214 dated 9 January 2004. 

2.  The applicant states that the ICM had not yet been authorized at the time of his separation; however, he served during the period that is authorized for award of the ICM and desires it to be awarded at this time. 

3.  The applicant provides a copy of his DD Form 214, a copy of his award of the Army Achievement Medal (AAM) for service in Iraq, a copy of his award of the Army Commendation Medal (ARCOM) for service during Operation Iraqi Freedom, a copy of his award of the Armed Forces Reserve Medal with 2nd “M” Device during Operation Iraqi Freedom, copies of his mobilization orders, and a list of personal notes.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) on 13 December 1997 for a period of 6 years and training as a military policeman. He successfully completed his training as a military policeman and was assigned to a troop program unit in Pennsylvania.  He was promoted to the pay grade of  E-5 on 20 July 1999.   

2.  On 3 October 2001, he was ordered to active duty in support of Operation Nobel Eagle and served on active duty until he was honorably released from active duty on 30 September 2002 and was returned to his USAR unit.  
3.  On 24 February 2003, he was ordered to active duty in support of Operation Enduring Freedom and deployed to Southwest Asia on 15 May 2003.  He served in Kuwait and Iraq until 6 December 2003 when he was transferred to Fort Lee, Virginia where he was honorably released from active duty (REFRAD) on 9 January 2004 and was returned to his USAR unit.  

4.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the ARCOM, the AAM, the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with “M” Device (2nd award), the Noncommissioned Officer Professional Development Ribbon and the Army Service Ribbon.

5.  The applicant was promoted to the pay grade of E-6 on 1 March 2005 and was honorably discharged from the USAR on 24 January 2006, due to the expiration of his term of service.

6.  On 21 March 2006, he enlisted in the Pennsylvania Army National Guard (PAARNG) for a period of 3 years.  On 19 September 2008, he was ordered to active duty in support of Operation Iraqi Freedom for a period not to exceed 400 days.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 

8.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command. 

9.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

	  a.  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or

	  b.  all Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
10.  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.  The Liberation of Iraq Campaign covers the period from 19 March 2003 to 1 May 2003.  The Transition of Iraq Campaign covers the period from 2 May 2003 to 28 June 2004.
11.  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. 
12.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  The message also states that under no condition will any Soldier in the United States receive this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the ICM has been noted and found to have merit.  The applicant served in Kuwait and Iraq during the period of 15 May 2003 to 6 December 2003 in support of Operation Enduring Freedom and thus is entitled to award of the ICM with two bronze service stars to denote his campaign participation.

2.  Additionally, the applicant is also entitled to award of the GWOTSM for his service during Operation Noble Eagle.  

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 awarding him the ICM with two bronze service stars and the GWOTSM.  




      _________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)                                         AR20080012213



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ABCMR Record of Proceedings (cont)                                         AR20080012213



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