IN THE CASE OF:	  

		BOARD DATE:	        22 JANUARY 2009

		DOCKET NUMBER:  AR20080016883 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his release from active duty on 14 November 2008, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the basic Parachutist Badge, the Ranger Tab, the Sapper Tab, and the Combat Action Badge (Second Award).

2.  The applicant essentially states that he did not have paperwork for the aforementioned badges and tabs available when his DD Form 214 was being prepared.

3.  The applicant provides his DD Form 214 with continuation sheet; orders, dated 6 April 2004, which awarded him the basic Parachutist Badge; orders, dated 6 April 2004, which authorized him hazardous duty pay for parachute duty; a certificate, dated 9 April 2004, which shows that he completed airborne training; orders, dated 23 November 1990, which awarded him the Ranger Tab; a diploma, dated 30 March 1995, which shows that he completed the Sapper Leader Course; and orders, dated 9 September 2008, which awarded him the Combat Action Badge (Second Award) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a member of the United States Army Reserve.

2.  The applicant requested, in part, that he be awarded the Sapper Tab.  However, there is no indication that the applicant has exhausted his administrative remedies by requesting this award in accordance with paragraph 8-50 (Sapper Tab), Army Regulation 600-8-22 (Military Awards).  The applicant has been advised in separate correspondence of the procedures for requesting award of the Sapper Tab and, as a result, the Sapper Tab will not be discussed further in these proceedings.

3.  The applicant's military records show that he was ordered to active duty in support of Operation Iraqi Freedom on 15 December 2006.  His DD Form 214 shows that he served in Iraq from 11 December 2006 to 24 December 2007, and in Afghanistan from 24 December 2007 to 14 September 2008.  On 14 November 2008, he was honorably released from active duty.  His DD Form 214 shows that he was awarded the Defense Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal (5th Award), the Joint Service Achievement Medal, the Army Achievement Medal (8th Award), the Army Good Conduct Medal, the Army Reserve Components Achievement Medal (3rd Award), the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Iraq Campaign Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Service Medal, the Humanitarian Service Medal (2nd Award), the Noncommissioned Officer Professional Development Ribbon with Numeral "3" Device, the Army Service Ribbon (3rd Award), the Army Reserve Component Overseas Training Ribbon (4th Award), the Armed Forces Reserve Medal (2nd Award) with "M" (for Mobilization) Device, the Military Outstanding Volunteer Service Medal, the NATO Medal (2nd Award), the Multinational Force and Observers Medal, the Expert Infantryman Badge, the Combat Action Badge, the Air Assault Badge, and the Aircraft Crewman Badge.

4.  The applicant's DD Form 214 does not show that he was awarded the basic Parachutist Badge.  The applicant provided orders, dated 6 April 2004, which awarded him the basic Parachutist Badge.

5.  The applicant's DD Form 214 also does not show that he was awarded the Ranger Tab.  The applicant provided orders, dated 23 November 1990, which awarded him the Ranger Tab.

6.  Further, the applicant's DD Form 214 does not show that he was awarded the Combat Action Badge (Second Award).  The applicant provided orders, dated 9 September 2008, which awarded him the Combat Action Badge (Second Award).

7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant's DD Form 214 does not show that he was awarded the Meritorious Unit Commendation.  His military records contained a memorandum, dated 1 March 2007, which essentially shows that the Meritorious Unit Commendation was awarded to the 19th Materiel Management Center (continental United States [CONUS] Augmentees) for the period 5 October 2005 to 19 September 2006, and that the applicant was assigned to the 19th Materiel Management Center (CONUS Augmentees) during this period.

9.  The applicant's DD Form 214 shows that he was awarded the Iraq Campaign Medal and the Afghanistan Campaign Medal, but it does not show that he was awarded any bronze service stars for these campaign medals to signify campaign participation credit.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the Iraq Campaign Medal and the Afghanistan Campaign Medal.  One bronze service star shall be awarded for 1 or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq, he participated in the National Resolution campaign (16 December 2005 to a date to be determined).  Based upon his service in Afghanistan, he participated in the Consolidation II campaign (1 October 2006 to a date to be determined).

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 also provides, in pertinent part, that the Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command, or award of the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th inclusive) or in the 5307th Composite Unit (Merrill’s Marauders).

12.  Army Regulation 600-8-22 further provides, in pertinent part, that the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  This regulation also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  Only one Combat Action Badge may be awarded during a qualifying period.  Currently, the only qualifying period for award of the Combat Action Badge is the Global War on Terrorism.  Operation Iraqi Freedom and Operation Enduring Freedom are operations within the Global War on Terrorism contingency/conflict; therefore, no matter how many times a Soldier rotates to a theater, only one award of the Combat Action Badge is authorized.  For example, a Field Artillery Soldier that engages in combat with the enemy during Operation Iraqi Freedom I, later engages in combat with the enemy during Operation Iraqi Freedom IV, and later engages in combat with the enemy during Operation Enduring Freedom in Afghanistan will still only receive one Combat Action Badge.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the basic Parachutist Badge, the Ranger Tab, and the Combat Action Badge (Second Award).

2.  Permanent orders awarded the applicant the basic Parachutist Badge and the Ranger Tab, but they are not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the basic Parachutist Badge and the Ranger Tab.

3.  The fact that the applicant provided orders which awarded him the Combat Action Badge (Second Award) was noted.  However, in accordance with Army Regulation 600-8-22, only one Combat Action Badge may be awarded during a qualifying period.  As the Global War on Terrorism is the first and only qualifying period to date, it is evident that the applicant was erroneously awarded a second Combat Action Badge.  In view of the foregoing, there is no basis for correcting his military records to show the award of the Combat Action Badge (Second Award).

4.  The Meritorious Unit Commendation was awarded to the 19th Materiel Management Center (CONUS Augmentees) while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Meritorious Unit Commendation.

5.  The applicant participated in one campaign during his tour in Iraq and another campaign during his tour in Afghanistan.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star to be affixed to his already-awarded Iraq Campaign Medal and one bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal.

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 a recommendation for partial relief.  As a result, the Board recommends that the applicant's DD Form 214 be corrected by:

	a.  showing the award of the basic Parachutist Badge, the Ranger Tab, and the Meritorious Unit Commendation; and

	b.  showing one bronze service star to be affixed to his already-awarded Iraq Campaign Medal and one bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal.

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 correcting his military records to show the award of the Combat Action Badge (Second Award).

3.  The Board wants to thank the applicant for the sacrifices he has made in service to the United States during the Global War on Terror.  The applicant and all Americans should be justifiably proud of his honorable service in arms.  



      _________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)                                         AR20080016883



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ABCMR Record of Proceedings (cont)                                         AR20080016883



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