IN THE CASE OF:	  

		BOARD DATE:	  2 DECEMBER 2008

		DOCKET NUMBER:  AR20080014382 


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, in effect, that he be awarded the Global War on Terrorism Expeditionary Medal and that it be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that he believes that he is authorized this award due to his service in Iraq.  He believes that he qualifies for this award for his service during the time frame from 19 March 2003 through 30 April 2005.

3.  The applicant adds that he was recently awarded the Global War on Terrorism Service Medal and the Afghanistan Campaign Medal for service in Afghanistan.  While in Afghanistan, he asked for assistance in getting this matter resolved but wasn't given any so he is doing it on his own.

4.  In support of his request, the applicant provides a copy of his DD Form 214, with an effective date of his release from active duty of 3 June 2005; a Memorandum, Subject, Statement of Wartime Service - CJTF [Combined Joint Task Force] Phoenix VI, Afghanistan, dated 24 February 2008; and a downloaded description and criteria for award of the Global War on Terrorism Expeditionary Medal from the internet.  The Memorandum, Subject:  Statement of Wartime Service - CJTF Phoenix VI, Afghanistan, dated 24 February 2008, the applicant provided in support of his request applies to service he performed in Afghanistan subsequent to issuance of the DD Form 214 which is being considered for correction and therefore will not be addressed further in this Record of Proceedings.

CONSIDERATION OF EVIDENCE:

1.  The evidence of record shows the applicant enlisted as a member of the South Carolina Army National Guard (SCARNG).  At the time of his application to the Board for the correction of his records, he was serving on active duty for operational support of Operation Enduring Freedom, in the rank of Sergeant.

2.  The evidence shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom, in accordance with Title 10 United States Code 12302, on 3 January 2004.

3.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Iraq from 28 April 2004 through 26 April 2005.  He was released from active duty on  3 June 2005, in the rank and pay grade of Sergeant, E-5.

4.  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 Achievement Medal (4th Award); the Army Reserve Components Achievement Medal (3rd Award); the National Defense Service Medal (2d Award); the Southwest Asia Service Medal, with 3 bronze service stars; the Armed Forces Reserve Medal; the Armed Forces Reserve Medal, with "M" Device; the Army Service Ribbon; the Global War on Terrorism Service Medal; the Iraq Campaign Medal; the Kuwait Liberation Medal (Kuwait); and the Kuwait Liberation Medal (Saudi Arabia).  The Global War on Terrorism Expeditionary Medal is not shown; however, the Iraq Campaign Medal is.

5.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.

6.  Army Regulation 600-8-22 also specifies that service members qualified for the Global War on Terrorism Expeditionary Medal, by reason of service between 19 March 2003 and 30 April 2005 in Iraq, shall remain qualified for the medal.  Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service 


member will be entitled to both medals for the same act, achievement, or period of service.

7.  Army Regulation 600-8-22 states, in effect, that the Iraq Campaign Medal is authorized to Soldiers who served in direct support of Operation Iraqi Freedom for the period from 19 March 2003 to a future date to be determined.  To be eligible for award of the Iraq Campaign Medal, 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.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service in Iraq 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 however, no service member will be entitled to both medals for the same act, achievement or period of service.

8.  Army Regulation 635-5 prescribes policies and procedures regarding separation documents.  This regulation states that decorations, medals, badges, citations and campaign ribbons awarded or authorized, for all periods of service, will be entered in Item 13 of a service member's DD Form 214.  Awards and decorations for all periods of service will be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records and abbreviations will not be used.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was ordered to active duty in support of Operation Iraqi Freedom and served in Iraq.  Based on this service, the applicant was entitled to award of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.

2.  Due to regulatory guidance as specified in Army Regulation 600-8-22, the applicant was prohibited from being awarded both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement, or period of service.

3.  The applicant was awarded the Iraq Campaign Medal and the award is shown on his DD Form 214.  It is believed the applicant elected to have the Iraq Campaign Medal awarded and included among his authorized awards and decorations when his DD Form 214 was being prepared.  He is therefore not entitled to have the Global War on Terrorism Expeditionary Medal added to his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20080014382





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ABCMR Record of Proceedings (cont)                                         AR20080014382



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