IN THE CASE OF:	  

		BOARD DATE:	       12 March 2009

		DOCKET NUMBER:  AR20080017440 


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, correction of his military records to show that he was awarded the Global War on Terrorism Expeditionary Medal for service in Kuwait, the Iraq Campaign Medal and the Meritorious Unit Commendation.  

2.  The applicant states, in effect, that he served in Kuwait in support of Operation Enduring Freedom from about the end of February to on or about 
20 March 2003.  He further states that he served in Iraq in support of Operation Iraqi Freedom from about 20 March 2003 to on or about 19 March 2004 with the 71st Ordnance Company.  He further states that his unit was awarded the Meritorious Unit Commendation.  

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Enlisted Record Brief (ORB), and award information obtained from the internet.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a second lieutenant, Medical Service Corps, United States Army Reserve, assigned duty with the 307th Medical Group.

2.  On 22 September 1994, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).
3.  On 17 July 2005, the applicant was discharged due to parenthood.  He had attained the rank of staff sergeant, pay grade E-6 and he had completed 
10 years, 9 months and 26 days of creditable active duty service.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list his awards as the Army Commendation Medal, Army Achievement Medal (five awards), Army Good Conduct Medal, National Defense Service Medal (two awards), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korean Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, and the Driver and Mechanic Badge.

5.  Item 18 (Remarks) of the applicant's DD Form 214 shows that he served in Iraq from 4 March 2003 to 30 July 2004.

6.  The applicant's ORB shows that he was assigned duty as a supply sergeant with the 71st Ordnance Company from 28 May 2002 to 2 November 2004.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  

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]. 

9.  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.  

10.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the following three campaigns: Liberation of Iraq, Transition of Iraq, and Iraqi Governance.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

11.  The United States Army Human Resources Command website for the Awards Branch shows that the 71st Ordnance Company was awarded the Meritorious Unit Commendation for the period from 19 March 2003 to 23 March 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should show award of the Iraq Campaign Medal in addition to the Global War on Terrorism Expeditionary Medal and the Meritorious Unit Commendation.



2.  The available evidence clearly shows the applicant served in Iraq from 
4 March 2003 to 30 July 2004; and that he participated in three campaigns.  He was subsequently awarded the Global War on Terrorism Expeditionary Medal.

3.  The available evidence is convincingly sufficient to show that the applicant served in Kuwait.  However, by his own statement he served in Kuwait from about the end of February to on or about 20 March 2003, which is less than 
30 days.  This period of service was not long enough to qualify for award of the Global War on Terrorism Expeditionary Medal.  

4.  Should the applicant desire, he has the option of requesting award of the Iraq Campaign Medal with three bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal that he has been awarded for his service in Iraq. 

5.  The available evidence shows that the applicant was assigned to the 71st Ordnance Company at the time it was awarded the Meritorious Unit Commendation.  Therefore, his records should be corrected to add this unit award.

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 all Department of the Army records of the individual concerned be corrected by adding to Item 13 of his DD Form 214 the Meritorious Unit Commendation.







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 award of the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal for his service in Kuwait.




      _______ _ 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)                                         AR20080017440



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ABCMR Record of Proceedings (cont)                                         AR20080017440



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