IN THE CASE OF:	  

		BOARD DATE:	        16 APRIL 2009

		DOCKET NUMBER:  AR20080018608 


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 Global War on Terrorism Expeditionary Medal (GWOTEM) shown on his DD Form 214 (Certificate of Release of Discharge from Active Duty) that was issued on 30 April 2006 be converted to the Iraq Campaign Medal (ICM). 

2.  The applicant states that based on the fact that he served in Iraq and was awarded the Bronze Star Medal and the GWOTEM, he believes that he should be awarded the ICM.  In a telephone conversation between the analyst for these proceedings and the applicant on 30 March 2009, the applicant clarified that he wishes to be awarded the ICM in lieu of his already awarded GWOTEM.  

3.  The applicant provides his DD Forms 214 for the period 28 October 2002 (sic) through 30 April 2006 and from 18 August 2000 through 8 December 2002 (sic); a certificate awarding him the Bronze Star Medal; two sets of orders, both dated 
9 November 2004; a memorandum for record, dated 16 November 2004, with an accompanying roster of deployed personnel; orders, dated 7 April 2006, which awarded him the Combat Infantryman Badge; and a 29 October 2008 cover sheet from the Palm Beach County, Florida Veterans Service Division in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 for the period 28 October 2002 through 30 April 2006 shows that he was awarded the GWOTEM for his service in Iraq and
Kuwait from 17 January 2005 through 11 January 2006.  It does not show award of the Combat Infantryman Badge.

2.  Army Regulation 600-8-22 (Military Awards) 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.

3.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123, dated 30 April 2008, provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  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.  Based upon the applicant's service in Iraq/Kuwait, he participated in the Iraqi Governance (29 June 2004 to 15 December 2005) and the National Resolution (16 December 2005 to a date to be determined) campaigns.

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




5.  Headquarters, 3rd Infantry Division, Fort Stewart, Georgia, Permanent Orders 097-471, dated 7 April 2006, awarded the applicant the Combat Infantryman Badge for participating in ground combat operations under enemy hostile fire in support of Operation Iraqi Freedom III on 3 April 2005.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the ICM in lieu of his already-awarded GWOTEM has been carefully considered and found to have merit.

2.  The applicant served in Iraq for more than 30 consecutive days during a qualifying period of service for award of the ICM in lieu of the GWOTEM.  Therefore, he is eligible for award of the ICM and correction of his official military records to show the award of the ICM and the removal of the GWOTEM.

3.  Additionally, based on his tenure of service in Iraq/Kuwait, he is also credited with participating in two designated campaign phases.  Therefore, he is entitled to two bronze service stars for wear on the ICM.
 
4.  Permanent orders awarded the applicant the Combat Infantryman Badge, but it is not listed on his DD Form 214 that was issued to him on 30 April 2006.  Therefore, he is entitled to correction of this document to show the award of the Combat Infantryman Badge.

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 the applicant's DD Form 214 that was issued on 30 April 2006 be corrected by:

	a.  deleting from item 13 of the applicant's DD Form 214 the Global War on Terrorism Expeditionary Medal;

	b.  adding to item 13 of the applicant's DD Form 214 the Iraq Campaign Medal with two bronze service stars and the Combat Infantryman Badge; and 

   c.  providing the applicant the appropriate document to show these corrections.

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 honorable 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)                                         AR20080018608



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ABCMR Record of Proceedings (cont)                                         AR20080018608



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