IN THE CASE OF:	  

		BOARD DATE:	  	   21 April 2009

		DOCKET NUMBER:  AR20080017684 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a third award of the Army Commendation Medal and the Combat Action Badge.

2.  The applicant states, in effect, he was awarded a third Army Commendation Medal and the Combat Action Badge prior to separation, but the awards were not submitted in time to have the decorations included on his separation document.

3.  The applicant provides his DD Form 214 with an effective date of 1 February 2006; DA Form 638 (Recommendation for Award), dated 20 January 2006;     and DA Form 4187 (Personnel Action), subject:  Combat Action Badge, dated   18 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 24 October 1998.  On 4 October 2000 he was discharged from the USAR and he enlisted in the Regular Army on          5 October 2000 for a period of 5 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 97E (Human Intelligence (HUMINT) Collector).

2.  The applicant’s military personnel records contain an Enlisted Record Brief, dated 26 January 2006.
     a.  Section I (Assignment Information), OS [Overseas]/Deployment Combat Duty, shows the applicant served in Afghanistan for 5 months from 14 January to
10 July 2003 and 5 months from 14 February to 20 July 2004.  This section also shows he served in Iraq for 9 months from 3 January to 27 October 2005.

     b.  Section VII (Awards and Decorations) shows he was awarded the Joint Service Commendation Medal, Army Commendation Medal (2nd Award), Joint Meritorious Unit Award, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, Military Outstanding Volunteer Service Medal, and the Parachutist Badge.

3.  The applicant’s military personnel records contain a copy of a DA Form
4980-14 (The Army Commendation Medal Certificate) that shows the applicant was awarded the Army Commendation Medal for meritorious service as a HUMINT Collector while assigned to Company B, 519th Military Intelligence Battalion from 5 October 2000 to 1 February 2006 per Headquarters,
525th Military Intelligence Brigade, Fort Bragg, North Carolina, Permanent Order Number 061-03, dated 2 (sic – should be 31) March 2006.

4.  The applicant’s military personnel records are absent orders or other evidence that show he was recommended for, or awarded, the Combat Action Badge.

5.  The applicant’s military personnel records contain a DA Form 2166-8 (NCO [Noncommissioned Officer] Evaluation Report) for the period from June 2005 through February 2006.  Part III (Duty Description), block a (Principal Duty Title) contains the entry “Tactical HUMINT Team Sergeant”; block b (Duty MOSC [MOS Code]), contains the entry “97E2P”; and block c (Daily Duties and Scope), in pertinent part, contains the entry “THT sergeant responsible for training a two-Soldier team in collection operations and for integrating the team into Long-Range Reconnaissance combat operations along the Irai (sic) border in support of Operation IRAQI FREEDOM (OIF) 04-06.”  Part IV (Rater - Values/NCO Responsibilities), block c (Physical Fitness and Military Bearing), in pertinent part, contains the entry “displayed coolness under fire and situational awareness during four IED [Improvised Explosive Device] attacks in OIF 04-06.”

6.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty on 5 October 2000 and was honorably released from active duty on 1 February 2006 based upon completion of required active service.  At the time he had completed 5 years, 3 months, and 27 days of net active service this period; 1 year, 11 months, and 11 days of total prior inactive 

service; and 1 year, 8 months, and 29 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Joint Service Commendation Medal, Army Commendation Medal (2nd Award), Joint Meritorious Unit Award, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, Military Outstanding Volunteer Service Medal, and Parachutist Badge.   Item 18 (Remarks), in pertinent part, shows the applicant was retained in service 120 days for the convenience of the Government.  This item also shows he served in Afghanistan in support of Operation Enduring Freedom from 14 January to 10 July 2003 and from 14 February to 20 July 2004, and in Iraq in support of Operation Iraqi Freedom from 3 January to 27 October 2005.

7.  In support of his application, the applicant provides the following documents.

     a.  DA Form 638, dated 20 January 2006.  Item 8 (Previous Awards), in pertinent part, shows the applicant’s previous awards included the Army Commendation Medal (1st Oak Leaf Cluster) and Item 10 (Recommended Award) shows he was recommended for award of the Army Commendation Medal (2nd Oak Leaf Cluster).  The DA Form 638 also shows that the applicant was awarded the Army Commendation Medal for meritorious service as a Human Intelligence Collector while assigned to Company B, 519th Military Intelligence Battalion, during the period 5 October 2000 to 1 February 2006 per Headquarters, 525th Military Intelligence Brigade (Airborne), Fort Bragg, North Carolina, Permanent Orders Number 061-03, dated 31 March 2006.  

     b.  DA Form 4187, subject:  Combat Action Badge, dated 18 November 2005, that shows the applicant requested award of the Combat Action Badge for personally being engaged by the enemy on 24 June 2005 in Mosul, Iraq.  The  DA Form 4187 also shows the colonel serving as Commander, 525th Military Intelligence Brigade (Airborne), Fort Bragg, approved the applicant’s request on 27 January 2006.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that is not shown on his DD Form 214.

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

Liberation of Afghanistan/11 Sep 2001 - 30 Nov 2001 
Consolidation I/1 Dec 2001 - 30 Sep 2006 
CONSOLIDATION II/1 Oct 2006 – Date to be Determined

10.  USAHRC 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.  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 Iraq Campaign Medal 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

11.  Army Regulation 600-8-22 provides 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.

12.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Army Commendation Medal.

13.  Army Regulation 600-8-22 states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  This Army regulation also states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his DD Form 214 should be corrected to show award of the Army Commendation Medal (3rd Award) and the Combat Action Badge because the awards were not recorded on his separation document.

2.  The evidence of record shows that Permanent Orders awarded the applicant the Army Commendation Medal (2nd Oak Leaf Cluster) for meritorious service as a HUMINT Collector while assigned to Company B, 519th Military Intelligence Battalion, during the period from 5 October 2000 to 1 February 2006.  This award constitutes the applicant’s third award of the Army Commendation Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Army Commendation Medal (3rd Award).

3.  The evidence of record shows the applicant was awarded the Afghanistan Campaign Medal for his service in direct support of Operation Enduring Freedom.  The evidence of record also shows the applicant participated in the Consolidation I campaign phase.  Therefore, he is entitled to wear one bronze service star on his Afghanistan Campaign Medal.

4.  The evidence of record shows the applicant was awarded the Iraq Campaign Medal for his service in direct support of Operation Iraqi Freedom.  The evidence of record also shows the applicant participated in the Iraqi Governance campaign phase.  Therefore, he is entitled to wear one bronze service star on his Iraq Campaign Medal.

5.  The evidence of record shows the applicant “displayed coolness under fire and situational awareness during four improvised explosive device attacks in Operation Iraqi Freedom."  The evidence of record also shows that the applicant’s request for award of the Combat Action Badge for personally being engaged by the enemy on 24 June 2005 in Mosul, Iraq, was approved by the Commander, 525th Military Intelligence Brigade (Airborne), Fort Bragg, on
27 January 2006.  Therefore, it would be appropriate to correct his records to show award of the Combat Action Badge.




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.  deleting from item 13 of the applicant's DD Form 214 the Army Commendation Medal (2nd award), Iraq Campaign Medal, and the Afghanistan Campaign Medal;

   b.  awarding the applicant the Combat Action Badge for being personally present and actively engaged by the enemy in Iraq on 24 June 2005; and

c.  adding to item 13 of the applicant's DD Form 214 the Army Commendation 
Medal (3rd Award), Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with 1 bronze service star, and the Combat Action Badge.



      __________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)                                         AR20080017684



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ABCMR Record of Proceedings (cont)                                         AR20080017684



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