IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080017418 


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) be corrected to show the award of the Bronze Star Medal, the Army Commendation Medal, the Iraq Campaign Medal (ICM), the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), and the Combat Action Badge. 

2.  The applicant essentially states that the Bronze Star Medal, the Army Commendation Medal, and the Combat Action Badge were awarded to him after his release from active duty.  He also states, in effect, that the ICM, GWOTEM, and GWOTSM did not exist at the time of his release from active duty.   

3.  The applicant provides his DD Form 214, two partial copies of his Bronze Star Medal certificate, a DA Form 638 (Recommendation for Award) which awarded him the Army Commendation Medal, orders, dated 30 June 2006, which awarded him the Combat Action Badge, orders, dated 15 January 2003, which ordered him to active duty on 16 January 2003, a memorandum, dated 4 August 2003, with an attached roster which essentially shows, in part, that he was mobilized for Operation Enduring Freedom/Noble Eagle, orders, dated 11 January 2003, which reassigned him to the 607th Military Police Battalion on 11 January 2003, his officer evaluation report for the period 16 January 2003 through 15 January 2004, and a memorandum, dated 12 February 2004, from the commander of the 302nd Military Police Company at Tallil Airbase, Iraq in support of this application. 


CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was initially commissioned a Reserve commissioned officer of the Army on 9 May 1997, and became a member of the Texas Army National Guard effective 14 November 1997.  He was ordered to active duty in support of Operation Enduring Freedom on 
16 January 2003.  He served in Kuwait and Iraq from 3 March 2003 to 4 March 2004 with the 302nd Military Police Company.  On 18 April 2004, he was honorably released from active duty.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Army Service Ribbon, and the Gold German Armed Forces Efficiency Badge.  Although his military records do not contain separation orders, the applicant indicated that he was discharged on 24 November 2005, and information in the Integrated Web Services of the Integrated Personnel Electronic Records Management System essentially shows that the applicant resigned his commission.

2.  The applicant's DD Form 214 does not show that he was awarded the Bronze Star Medal.  The applicant provided two partial copies of his Bronze Star Medal certificate which collectively show that he was awarded the Bronze Star Medal for exceptionally meritorious performance of duty during Operation Iraqi Freedom from 19 March 2003 to 16 November 2003.  This certificate also essentially shows that permanent orders awarded him the Bronze Star Medal.

3.  The applicant's DD Form 214 also does not show that he was awarded the Army Commendation Medal.  The applicant provided a properly constituted 
DA Form 638 which essentially shows that he was awarded the Army Commendation Medal for exceptionally meritorious service from 16 January 2003 to 2 March 2003 by 90th Regional Readiness Group Permanent Orders Number 269-028, dated 25 September 2004.

4.  The applicant's DD Form 214 also does not show that he was awarded the ICM or the GWOTEM.  The applicant's DD Form 214 shows that he served in Kuwait and Iraq from 3 March 2003 to 4 March 2004, and that this was his only foreign service.  The applicant provided his certificate for the Bronze Star Medal which shows that he served in support of Operation Iraqi Freedom from 19 March 2003 to 16 November 2003.  Therefore, it could be conclusively established that the applicant served in Iraq for over 30 consecutive days during a qualifying period for award of the ICM.  In his application, the applicant requested that his DD Form 214 be corrected to show the award of both the ICM and GWOTEM.  However, as the applicant is only entitled to either the ICM or the GWOTEM, the analyst for these proceedings contacted the applicant via e-mail, and the applicant responded by clarifying that he prefers to be awarded the ICM in lieu of the GWOTEM.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the ICM.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq, he participated in the Liberation of Iraq campaign 
(19 March 2003 to 1 May 2003) and the Transition of Iraq campaign (2 May 2003 to 28 June 2004).

5.  The applicant's DD Form 214 does not show that he was awarded the GWOTSM.  However, the applicant served on active duty from 16 January 2003 to 2 March 2003, and again from 5 March 2004 to 18 April 2004; periods of active duty that were not used toward his award of the ICM.  

6.  The applicant's DD Form 214 does not show that he was awarded the Combat Action Badge.  However, he provided orders, dated 30 June 2006, which awarded him the Combat Action Badge for actively engaging or being engaged by the enemy on 21 March 2003, which was during the period covered by his 
DD Form 214.  A copy of these orders was also present in his official military personnel file.

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

8.  The applicant provided evidence, in the form of his Bronze Star Medal certificate, which shows that his service in Operation Iraqi Freedom began on 
19 March 2003, and a memorandum, dated 12 February 2004, which essentially shows that he was still serving in Iraq on that date.  This evidence shows that the applicant served more than 9 consecutive months in Iraq.  However, his 
DD Form 214 does not show that he was awarded the Overseas Service Ribbon.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  This regulation also provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.   


10.  Army Regulation 600-8-22 also provides, in pertinent part, that the GWOTEM is awarded 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.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in an area of eligibility.  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, Yemen, 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.

11.  Army Regulation 600-8-22 further provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom.  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 ICM 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 Operation Iraqi Freedom.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such 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.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period or service.

12.  Additionally, Army Regulation 600-8-22 provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

13.  Further, Army Regulation 600-8-22 provides 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. 

14.  Army Regulation 600-8-22 also provides that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation also 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.

15.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for such periods of overseas service.  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. 
16.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Bronze Star Medal, the Army Commendation Medal, the ICM, the GWOTEM, the GWOTSM, and the Combat Action Badge.

2.  The applicant provided a certificate which clearly shows that permanent orders awarded him the Bronze Star Medal, and a properly constituted DA Form 638 which shows that permanent orders awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal and the Army Commendation Medal.

3.  Although the applicant originally requested that his military records be corrected to show the award of the ICM and the GWOTEM, once he was informed that under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period or service, he effectively changed his application by specifically requesting the ICM in lieu of the GWOTEM instead of both of these medals.  He also provided evidence which clearly shows that he served in Iraq for more than 30 consecutive days during a qualifying period from award of the ICM, and he participated in two campaigns during his tour in Iraq.  Therefore, he is entitled to correction of his military records to show the award of the ICM with Two Bronze Service Stars.

4.  The applicant served on active duty from 16 January 2003 to 2 March 2003, and again from 5 March 2004 to 18 April 2004, and this service did not count towards his award of the ICM.  Therefore, he is entitled to correction of his military records to show the award of the GWOTSM.

5.  Permanent orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 21 March 2003, which was during the period covered by his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Combat Action Badge.

6.  The evidence of record shows that the applicant served more than 
9 consecutive months in Iraq, but his DD Form 214 does not show the award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his military records to show the award of the Overseas Service Ribbon.


BOARD VOTE:

___X_____  __X______  __X______  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Bronze Star Medal, the Army Commendation Medal, the ICM with Two Bronze Service Stars, the GWOTSM, the Combat Action Badge, and the Overseas Service Ribbon.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Iraqi Freedom.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20080017418



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ABCMR Record of Proceedings (cont)                                         AR20080017418



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