IN THE CASE OF:	  

		BOARD DATE:	29 January 2009  

		DOCKET NUMBER:  AR20080017849 


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 the Purple Heart, the Army Achievement Medal (2d Award), the Armed Forces Reserve Medal with "M" Device (2d Award), the Army Reserve Components Achievement Medal (3d Award), the Overseas Service Ribbon (2nd Award), and the Global War on Terrorism Expeditionary Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he received these medals and awards after the DD Form 214 was issued.

3.  In support of his request, the applicant provides a copy of his DD Form 214, a copy of page one of his DA Form 2-1 (Personnel Qualification Record, Part II), and a copy of documents to support addition of the Purple Heart, the Army Achievement Medal, the Armed Forces Reserve Medal, and the Army Reserve Components Achievement Medal to his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The evidence of record shows the applicant enlisted in the Army Reserve for 8 years on 30 September 1998.  Following completion of his required training, he was awarded the primary military occupational specialty 21B, Combat Engineer.


2.  The applicant was ordered to active duty in support of Operation Iraqi Freedom in accordance with 10 United States Code 12302 on 22 May 2007.  He was honorably released from active duty on 12 June 2008 at the completion of his required active service.

3.  The applicant served in Kuwait/Iraq from 14 August 2007 through 14 May 2008.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was provided when he was released from active duty shows he was awarded:  the Army Achievement Medal // Navy/Marine Corps Presidential Unit Citation // Army Reserve Components Achievement Medal (2d Award) // National Defense Service Medal // Global War on Terrorism Service Medal // Iraq Campaign Medal // Army Service Ribbon // Overseas Service Ribbon // Army Reserve Component Overseas Training Ribbon // Armed Forces Reserve Medal with "M" Device // and the Combat Action Badge.

5.  The applicant was awarded the Purple Heart by Headquarters, Multi-National Corps-Iraq, Permanent Orders 331-016, dated 27 November 2007 for wounds he received as a result of hostile enemy action on 26 September 2007.

6.  The applicant was awarded the Army Achievement Medal for meritorious service for the period 23 May 2007 through 13 May 2008, by Headquarters, 20th Engineer Brigade, Permanent Orders 124-06, dated 4 May 2008.  Item 8 (Previous Awards) of the DA Form 638 (Recommendation for Award) shows the entry, "No Awards."  There are no orders, to include these orders, in the applicant's IPERMS (Integrated Personnel Management System File) awarding him the Army Achievement Medal.  One Army Achievement Medal is shown on the applicant's DD Form 214.

7.  The applicant provided a copy of a 450th Engineer Company Memorandum, Subject:  Personnel Eligible for the Armed Forces Reserve Medal, dated 3 October 2008.  The memorandum shows the applicant completed the required qualifying service and was awarded the Armed Forces Reserve Medal for the period 30 September 1998 through 29 September 2008.

8.  The applicant provided a copy of a 450th Engineer Company Memorandum, Subject:  Personnel Eligible for the Army Reserve Components Achievement Medal (3rd Award), dated 6 October 2008.  The memorandum shows the applicant completed the required qualifying service and was eligible for award of the Army Reserve Components Achievement Medal for the period 30 September 2004 through 29 September 2007.


9.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that 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.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in the area 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)  participate 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].  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Overseas Service Ribbon is authorized for award to members of the U.S. Army upon successful completion of overseas tours as prescribed by Army Regulation 614-30 (Overseas Service).  To be eligible for award of the Overseas Service Ribbon, a Soldier must have completed 9 months in a continuous temporary change of station/temporary duty (TCS/TDY) status in areas where the unaccompanied tour length is up to 18 months or in isolated areas where tour lengths have not been established, or a minimum of 11 cumulative months in a TCS/TDY status during any 24 month period in areas where the unaccompanied tour length is designated as 12 to 18 months or in isolated areas where tour lengths have not been established by the Department of Defense.

11.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the Armed Forces Reserve Medal.   It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to 


be completed within 12 consecutive years and service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to award this award but does not constitute a break in service.

12.  Army Regulation 600-8-22 additionally provides that the "M" Device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific US military operations or contingencies designated by the Secretary of Defense.  No more than one Armed Forces Reserve Medal may be awarded to any one person.  Multiple periods of service during one designated contingency will count as one "M" Device award. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds he received as a result of hostile enemy action on 26 September 2007.  The Purple Heart is not shown on his DD Form 214.  He is entitled to have the Purple Heart added to his DD Form 214.

2.  The applicant was awarded the Army Achievement Medal for the period 23 May 2007 to 13 May 2008.  Item 8 of the Recommendation for Award shows the entry, "No Awards."  There are no orders, to include Permanent Orders 331-016, in the applicant's iPERMS file to show he was previously awarded an Army Achievement Medal; therefore, based on the available evidence, the applicant is not entitled to a correction to his DD Form 214 to show he was awarded the Army Achievement Medal (2nd Award).

3.  The applicant served in Iraq for the period 14 August 2007 through 14 May 2008 in support of Operation Iraqi Freedom.  He was awarded the Global War on Terrorism Service Medal and the Iraq Campaign Medal.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal was no longer authorized to be awarded for service in Iraq.  Due to this regulatory restriction, the applicant is not entitled to award of both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal and addition of the Global War on Terrorism Expeditionary Medal to his DD Form 214.

4.  The evidence shows the applicant completed 9 months and 1 day service in Iraq and Kuwait (14 August 2007 - 14 May 2008) during the period covered by his DD Form 214.  This service met the criteria for award of the Overseas Service Ribbon.  The Overseas Service Ribbon is shown in Item 13 of the applicant's DD Form 214.  There is no evidence the applicant has completed another overseas tour on either a permanent or a temporary change of station basis during his Army Reserve service.  The applicant is therefore not entitled to award of an additional Overseas Service Ribbon and to have it added to his DD Form 214.

5.  The evidence shows the applicant enlisted in the Army Reserve on 30 September 1998.  The applicant was provided a Memorandum, Subject:  Personnel Eligible for the Armed Forces Reserve Medal, dated 3 October 2008 by the 450th Engineer Company announcing he had completed the required qualifying service and was awarded the Armed Forces Reserve Medal for the period 30 September 1998 through 29 September 2008.  The end date of the qualifying period is outside the period covered by the DD Form 214 (12 June 2008).  He is therefore not entitled to have the Armed Forces Reserve Medal for his 10 years qualifying Reserve service added to his DD Form 214.

6.  The evidence shows the applicant was mobilized in support of Operation Iraqi Freedom.  As a result of his mobilization, the applicant was authorized the Armed Forces Reserve Medal with "M" Device.  The Armed Forces Reserve Medal with "M" Device is shown on his DD Form 214.  A review of the applicant's service record failed to show that he was previously mobilized in support of a contingency operation designated by the Secretary of Defense.  The applicant is therefore not entitled to award of the Armed Forces Reserve Medal with "M" Device (2d Award) and to have this award shown on his DD Form 214.

7.  The applicant provided a copy of a memorandum showing he was awarded the Army Reserve Components Achievement Medal (3rd Award) (which would have been for the 3-year period ending 29 September 2007).  The applicant's DD Form 214 shows he was previously awarded the Army Reserve Components Achievement Medal (2nd Award); therefore, based on the available evidence, the applicant is entitled to a correction to his DD Form 214 to show he was awarded the Army Reserve Components Achievement Medal (3rd 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:

	a.  adding the Purple Heart to the applicant's DD Form 214 for wounds he received on 26 September 2007; and 

   b.  adding the Army Reserve Components Achievement Medal (3rd Award) to the applicant's DD Form 214; 

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:

	a.  award of the Global War on Terrorism Expeditionary Medal and its addition to his DD Form 214;

	b.  award of the Overseas Service Ribbon (2nd Award) and its addition to his DD Form 214;

	c.  addition of the Army Achievement Medal (2nd Award) to the applicant's DD Form 214;

   d.  addition of the Armed Forces Reserve Medal to the applicant's DD Form 214 for his ten years of Reserve service; and 

   e.  addition of the Armed Forces Reserve Medal with "M" Device (2nd Award) to the applicant's DD Form 214.




      _______ _   __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)                                         AR20080017849





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017849



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1