IN THE CASE OF:	

		BOARD DATE:	      30 December 2008

		DOCKET NUMBER:  AR20080012746 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by changing the entry at block 12f (Foreign Service) and by adding the Bronze Star with "V" Device and three Army Achievement Medals.

2.  The applicant states, in effect, that he was awarded both the Bronze Star Medal and the Bronze Star Medal with "V" Device, and three awards of the Army Achievement Medal were left off his DD Form 214.  He also states that the dates of his foreign service are correctly shown in block 18 (Remarks), but the time is incorrectly totaled in block 12f (Foreign Service).

3.  The applicant provides copies of his DD Form 214; certificate and DA Form 638 (Recommendation for Award) for the Bronze Star Medal with "V" Device; certificate and DA Form 638 (Recommendation for Award) for the Bronze Star Medal; and three certificates and two DA Forms 638 for awards of the Army Achievement Medal in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant completed Reserve Officer Training Corps requirements, was appointed a second lieutenant on 2 June 2001, and entered active duty on        17 June 2001.  He served in various assignments and was separated with disability severance pay as a captain on 28 February 2007.  


2.  Block 12f (Foreign Service) of his DD Form 214 shows 1 year, 1 month and 28 days.

3.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Parachutist Badge. 

4.  Block 18 of the DD Form 214 shows he served in Kuwait from 19 March 2002 through 1 October 2002, in Kuwait/Iraq from 8 January 2003 through 15 August 2003 and in Kuwait/Iraq from 5 January 2005 through 11 January 2006.

5.  The documents submitted by the applicant show he was awarded the following personal decorations:

   a.  the Bronze Star Medal with "V" Device for heroism on 29 March 
2003 by General Orders Number 119-113, dated 29 April 2003, Headquarters, 3rd Infantry Division;

b.  the Bronze Star Medal for meritorious achievement during the period
20 March 2003 to 14 April 2003 by General Orders Number 124-313, dated 
4 May 2003, Headquarters, 3rd Infantry Division;

   c.  the Army Achievement Medal for meritorious achievement during the period 27 October to 7 November 2003 by Permanent Orders Number 346-02, Headquarters, 1st Battalion, 10th Field Artillery, 3rd Brigade, 3rd Infantry Division;

	d.  the Army Achievement Medal with 2nd Oak Leaf Cluster for meritorious achievement during the period 5 January to 9 February 2004 by Permanent Orders Number 076-43, Headquarters, 1st Battalion, 10th Field Artillery, 3rd Brigade, 3rd Infantry Division; and 

	e.  the Army Achievement Medal with 3rd Oak Leaf Cluster for outstanding achievement during the period 26 April to 14 May 2005 by Permanent Orders Number 135-03, Headquarters, 2nd Battalion, 69th Armor Regiment, Forward Operating Base Scunion, Iraq.

6.  The applicant's Officer Record Brief (DA Form 4037) shows that his Awards and Decorations include two awards of the Bronze Star Medal and only one award of the Army Achievement Medal.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The following regulatory provisions also apply:
   
   a.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation. 
   
   b.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 
     
   c.  Service members must be assigned, attached or mobilized to participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:
   
   (1)  be engaged in actual combat against the enemy and under 
circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE,
      
		(2)  is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or 
   
   (3) service members participating as a regularly assigned air crew 
member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. 
   
d.  Service members may be awarded both the GWOTEM and the Global 
War on Terrorism Service Medal (GWOTSM) if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded. 
   e.  Battle stars (bronze service stars) may be applicable for service members who were engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action.  Only the Combatant Commander can initiate a request for a battle star.  The request will contain the specific unit(s) or individual(s) engaged in actual combat, the duration for which actual combat was sustained, and a detailed description of the actions against the enemy.  The Chairman, Joint Chiefs of Staff is the approving authority for battle stars.  
   
   f.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting 
from participation in an operation or official duties; or c)  participates 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].  Only one award of the Iraq Campaign 

Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

9.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

10.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Information posted on the Army Knowledge Online website by the Military Awards Branch answers questions about Army Regulation 600-8-22 (Military Awards) and the eligibility for the Overseas Service Ribbon.  This item includes the following:

As of 31 May 2006 Soldiers are authorized to be awarded the OSR upon completion of a “normal overseas tour as IAW AR 614-30.”  If a Soldier is 
credited with tour completion for serving in Iraq, yes they can receive the OSR. Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a TCS/TDY status get credit for a completed short tour.  Your reference is AR 614-30 (23 Sep 04), Table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in PCS status.  To determine the overseas tour lengths refer to Table 1, Appendix Q, Joint Federal Travel Regulations (JFTR), Volume 1.  You will not find a tour length for Afghanistan or Iraq.”  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the dates of his foreign service are correctly shown in block 18 (Remarks), but the time is incorrectly totaled in block 12f (Foreign Service).  He also states that he was awarded both the Bronze Star Medal and the Bronze Star Medal with "V" Device and that three awards of the Army Achievement Medal were left off his DD Form 214.  

2.  His first deployment to Iraq, from 19 March 2002 through 1 October 2002 equals 197 days; his second, from 8 January 2003 through 15 August 2003 equals 220 days; and his third, from 5 January 2005 through 11 January 2006 equals 372 days.

3.  The above three periods of foreign service total 789 days or 2 years, 1 month and 28 days.  Therefore, the value currently entered in block 12f of the DD Form 214, 1 year, 1 month and 28 days, should be changed to read 2 years, 1 month and 28 days.  

4.  The applicant was awarded the Bronze Star Medal with "V" Device and Oak Leaf Cluster to signify two awards of the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show award of the Bronze Star Medal with "V" Device and Oak Leaf Cluster.

5.  The applicant submitted documentation indicating that he had been awarded the Army Achievement Medal with three Oak Leaf Clusters or a total of four awards of the Army Achievement Medal.  Yet he indicates that three Army Achievement Medals were left off his DD Form 214.  None are currently listed. Since there no available evidence that he was awarded four Army Achievement 

Medals and since he appears to be right about all other details it is assumed that the applicant knows the correct number.  Therefore, his DD Form 214 should be corrected to show award of the Army Achievement Medal with two Oak Leaf Clusters.

6.  The applicant is entitled to award of the Global War on Terror Expeditionary Medal for his first deployment to Iraq.  Therefore, this award should be shown on his DD form 214.

7.  The applicant's final deployment to Iraq, from 5 January 2005 through 
11 January 2006, extended well past the termination date for award of the Global War on Terrorism Expeditionary Medal.  He is entitled to award of the Iraq Campaign Medal for that deployment.  Therefore, his DD Form 214 should be corrected to show award of the Iraq Campaign Medal.

8.  However, during the last two periods of service in Iraq from 8 January 2003 - 15 August 2003 and from 5 January 2005 - 11 January 2006 he was credited with participation in following 3 campaign phases:  the Transition of Iraq/
2 May 2003 - 28 Jun 2004, Iraq Governance/29 Jun 2004 - 15 Dec 2005, and the National Resolution/16 Dec 2005 – Date to be determined.  Therefore, he is entitled to 3 bronze service stars for were on the Iraq Campaign Medal.

9.  The applicant's first two deployments to the Middle East totaled 13 months and 21 days.  This qualifies him for award of the Overseas Service Ribbon under the 11 cumulative months criterion.  His third deployment was for 12 months and 7 days.  He should be awarded the Overseas Service Ribbon with numeral "2" and to add this award to his DD Form 214.

10.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

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:

	a.  amending Block 12f of his DD Form 214 to show 2 years, 1 month, and
28 days of foreign service;

   b.  deleting from Block 13 of his DD Form 214 the Bronze Star Medal; and

	c.  adding to Block 13 of the his DD Form 214 the Bronze Star Medal with "V" Device and Oak Leaf Cluster, the Army Achievement Medal with two Oak Leaf Clusters, the Iraq Campaign Medal with 3 bronze service stars, the Global War on Terrorism Expeditionary Medal,  and the Overseas Service Ribbon with two bronze service stars.



      _________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)                                         AR20080012746



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ABCMR Record of Proceedings (cont)                                         AR20080012746



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