IN THE CASE OF:	  

		BOARD DATE:	        9 April 2009

		DOCKET NUMBER:  AR20080018448 


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 correction of his DD Form 214 (Certificate of Release or Separation from Active Duty) to show award of the Purple Heart, the Army Commendation Medal, the Good Conduct Medal, the Combat Action Badge, the Global War on Terrorism Expeditionary Medal, the Driver and Mechanic Badge, the Overseas Service Ribbon, and two overseas service bars.

2.  The applicant states that the requested awards were awaiting approval when his DD Form 214 was issued.

3.  The applicant provides a copy of his DD Form 214, dated 17 October 2007;
copies of a DA Form 638 (Recommendation for Award) and certificate, dated 17 March 2007, showing award of the Army Commendation Medal; copies of Permanent Orders 101-083 and certificate, issued by Headquarters, 1st Battalion, 121st Field Artillery, dated 10 April 2007, showing award of the Army Good Conduct Medal; a copy of a DA Form 4187 (Personnel Action), dated 11 July 2007, requesting award of the Purple Heart; copies of Permanent Orders 199-002 and certificate, issued by Headquarters, 1st Sustainment Command (Theater), Iraq, dated 20 July 2007, showing award of the Purple Heart; copies of a DA Form 4187, dated 29 May 2007, and Permanent Orders 213-064, issued by Headquarters, 1st Sustainment Command (Theater), Iraq, dated 1 August 2007, showing award of the Combat Action Badge; a copy of a memorandum, dated 15 December 2006, showing award of the Global War on Terrorism Expeditionary Medal; a copy of a memorandum, dated 6 June 2007, showing award of the Driver and Mechanic Badge; a copy of a memorandum, dated 10 June 2007, showing authorization for award of the Overseas Service Ribbon; and a copy of a memorandum, dated 10 June 2007, showing authorization for award of overseas service bars in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Minnesota (MN) Army National Guard (ARNG) on 29 April 1996.  He subsequently entered active duty on 3 September 1996, completed basic combat and advanced individual training, and was awarded military occupational specialty 11B (Infantryman).  He was released from active duty to the control of his ARNG unit on 5 December 1996.

2.  The applicant’s records also show he served in various units, was periodically ordered to active duty, executed a series of reenlistments in the MNARNG, and attained the rank/grade of sergeant (SGT)/E-5.

3.  On 19 April 2006, the applicant was ordered to active duty as a member of his unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 17 July 2006 to 14 July 2007.  He was assigned to Battery C, 1st Battalion, 121st Field Artillery Regiment.  He was honorably released from active duty to the control of his ARNG unit on 17 October 2007.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Achievement Medal (2nd Award), the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Service Medal, the Humanitarian Service Medal; the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Armed Forces Reserve Medal with "M" Device.

5.  On 15 December 2006, by memorandum, the applicant’s battalion commander certified that the applicant was deployed abroad for Operation Iraqi Freedom in the specific area of Kuwait for 30 consecutive days from 19 July 2006 to 18 August 2006 and was awarded the Global War on Terrorism Expeditionary Medal.

6.  Headquarters, 336th Transportation Group, Iraq, Permanent Orders 076-158, dated 17 March 2007, show the applicant was awarded the Army Commendation Medal for meritorious service from 19 April 2006 to 19 July 2007.




7.  Headquarters, 1st Battalion, 121st Field Artillery, Iraq, Permanent Orders 
101-082, dated 10 April 2007, show the applicant was awarded the Army Good Conduct Medal (1st award) for exemplary behavior, efficiency, and fidelity in active military service from 19 April 2006 through 19 July 2007.

8.  On 6 June 2007, by memorandum, the applicant’s battalion commander certified that the applicant met the criteria and was awarded the Driver and Mechanic Badge for being assigned the duties and responsibilities as a driver for a minimum of 12 consecutive months and/or operating a government vehicle at least 8,000 accident-free miles.

9.  On 10 June 2007, by memorandum, the applicant’s immediate commander certified that the applicant served in Iraq from 19 July 2006 to 19 July 2007 and was authorized award of the Overseas Service Ribbon.

10.  Headquarters, 1st Sustainment Command (Theater), Iraq, Permanent Orders 199-002, dated 20 July 2007, show the applicant was awarded the Purple Heart for wounds received in action on 9 July 2007.

11.  Headquarters, 1st Sustainment Command (Theater), Iraq, Permanent Orders 213-064, dated 1 August 2007, show the applicant was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 8 April 2007.

12.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

13.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, 12 March 2003. It is authorized for award 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) while participating in the designated operation, regardless of time, is killed, wounded, or injured requiring medical evacuation from the AOE; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal.  Initial award of the Global War on Terrorism Expeditionary Medal is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the designated specific geographic AOE which includes Kuwait.

14.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  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 Iraq Campaign Medal 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 OIF. Only one award of this medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  No service member will be entitled to both medals for the same act, achievement or period of 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:  (a) 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, (b) is wounded or injured and requires medical evacuation from the area of eligibility, or (c) while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the AOE in direct support of the military operations; each day of operations counts as one day of eligibility.

15.  In April 2008, the Department of Defense authorized service stars to recognize service members for participating in the following campaigns of OIF:  Liberation of Iraq, from19 March 2003 to 1 May 2003; Transition of Iraq, from 2 May 2003 to 28 June 2004; Iraqi Governance, from 29 June 2004 to 15 December 2005; and National Resolution, from16 December 2005 to a date to be determined.

16.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications:  Driver-W (for wheeled vehicles); Driver-T (for tracked vehicles); Driver-M (for motorcycles); Driver-A (for amphibious vehicles); Mechanic (for automotive or allied vehicles); and Operator-S (for special mechanical equipment).  The eligibility requirements for drivers requires that a Soldier must qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by applicable regulation and be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft)), or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

17.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform, to include overseas service bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he was awarded the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal (although the period of eligibility for this award should have been from 19 April 2006 through 17 October 2007), the Combat Action Badge, and the Driver and Mechanic Badge with Driver Bar which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows that the applicant served in Kuwait in support of OIF from on or about 19 July 2006 to on or about 18 August 2006 and was awarded the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows that the applicant served in Iraq in support of OIF from on or about 19 August 2006 to on or about 14 July 2007 and was awarded the Iraq Campaign Medal.  Additionally, he participated in one campaign during his service in Iraq.  Therefore, he is also entitled to one bronze service star to be affixed to his Iraq Campaign Medal.


4.  With respect to award of the Overseas Service Ribbon, the evidence of record shows that the applicant completed 11 months and 26 days of foreign service in Kuwait/Iraq from 17 July 2006 to 14 July 2007 and was recommended for this award by his commander.  However, his DD Form 214 already lists an award of the Overseas Service Ribbon.  Furthermore, there is no indication in the applicant's records that he previously completed an overseas service tour.  In the absence of evidence that he previously completed an overseas service tour and was awarded the Overseas Service Ribbon, it must be presumed that the currently listed Overseas Service Ribbon pertains to his 11 months and 26 days of foreign service in Kuwait/Iraq from 17 July 2006 to 14 July 2007.  Therefore, there is no correction required.

5.  With respect to the Overseas Service Bars, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the criteria for the Overseas Service Bar.  The Overseas Service Bar is an item of clothing and is not authorized to be listed on the DD Form 214.  

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 the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal (1st award), the Global War on Terrorism Expeditionary Medal, the Combat Action Badge, the Driver and Mechanic Badge with Driver Bar, and one bronze service star for wear on his already-awarded Iraq Campaign Medal 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 the Overseas Service Ribbon and the two Overseas Service Bars.


																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)                                         AR20080018448



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ABCMR Record of Proceedings (cont)                                         AR20080018448



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