IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20080018810 


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 he be awarded the Iraq Campaign Medal (ICM) in lieu of the already awarded Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states the ICM is more representative of his time and service in Iraq.

3.  The applicant provides:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 January 2003 to 30 April 2004;

	b.  an excerpt from Army Regulation 600-8-22 (Military Awards) dealing with the ICM;

	c.  an internet document dealing with the ICM;

	d.  a memorandum, 450th Transportation Battalion (Movement Control), Manhattan, KS, dated 2 December 2005, awarding the applicant the Armed Forces Reserve Medal with "M" Device, the National Defense Service Medal, the Global War on Terror Service Medal (GWOTSM), the GWOTEM, and the Overseas Service Ribbon;

	e.  electronic mail; and

	f.  Permanent Order 164-001, Headquarters, 89th Regional Readiness Command, Wichita, KS, dated 14 June 2006, awarding the applicant the Combat Action Badge for the period 1 September 2003 through 21 February 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a U.S. Army Reserve command sergeant major.  He served on active duty from 2 January 2003 through 30 April 2004 and served in Kuwait and Iraq in support of Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) during the period 20 January 2003 through 13 March 2004.

2.  A memorandum from the 450th Transportation Battalion (Movement Control), Manhattan, KS, dated 2 December 2005, awarded the applicant the Armed Forces Reserve Medal with "M" Device, the National Defense Service Medal, the GWOTSM, the GWOTEM, and the Overseas Service Ribbon.

3.  Permanent orders awarded the applicant the Combat Action Badge.

4.  The applicant’s DD Form 214 does not list the GWOTSM, GWOTEM, or Overseas Service Ribbon.

5.  Army Regulation 600-8-22 sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments.  The regulation and subsequent US Army Human Resources Command (HRC), Alexandria, VA, awards policy messages provide:

	a.  The GWOTEM was established by Executive Order 13289 on 13 March 2003 and will be awarded to recognize all members of the Armed Forces of the United States serving in or in support of Global War on Terrorism operations, on or after 11 September 2001 to a date to be determined.  Initial award is limited to Soldiers deployed abroad in OEF and OIF in the following Department of Defense designated specific geographic areas of eligibility (AOE):  Afghanistan (eligibility terminated on 30 April 2005), Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq (eligibility terminated on 30 April 2005), Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

		(1)  Algeria, Bosnia-Herzegovina, Chad, Georgia, Hungary, Kosovo (only specified GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kenya, Mali, Mauritania, Niger, Turkey, Uganda, and the Mediterranean Sea (“boarding and searching” vessel operations) were added by HRC Military Awards message dated 11 April 2005.

		(2)  Colombia and Guantanamo Bay, Cuba were added to this list per ALARACT (All Army Activities) message 194/2005, dated 23 September 2005.  Azerbaijan, Nigeria, Sierra Leone, Senegal, Tanzania and Tunisia were added by HRC Military Awards message, dated 29 December 2006.

	b.  To be eligible for the GWOTEM a Soldier must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or for 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 or wounded/injured requiring medical evacuation from the AOE.

		(3)  Soldiers participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of OEF and/or OIF.  Each day that one or more sorties are flown in accordance with the criteria shall count as one day towards the 30-consecutive or 60-nonconsecutive day requirement.

	c.  Under no condition will any Soldiers in the United States receive the GWOTEM.  Only Soldiers serving in an operationally deployed status within the AOE are eligible for the GWOTEM.  Only one award of the GWOTEM may be authorized for any individual.

	d.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Afghanistan and/or Iraq.  However, the GWOTEM is still authorized for service in the other geographical areas of eligibility.

	e.  The Awards Branch, HRC-Alexandria has stated that Soldiers deployed originally in Kuwait in support of OEF waiting for OIF to begin qualify for award of 


the GWOTEM for the time in support of OEF in Kuwait.  When OIF commenced on 19 March 2003 and Soldiers moved into Iraq to support OIF, they also qualified for award of the ICM.

6.  Military Awards Branch message, dated 8 April 2005, provided the following implementing instructions for award of the ICM.  Award of the ICM is authorized for service in direct support of OIF 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 1 day of eligibility].  This campaign medal may be awarded posthumously.  Only one award of the ICM may be authorized for any individual.  Service stars are authorized for wear on the ICM to represent the following campaigns:

Liberation of Iraq/19 March 2003-1 May 2003
Transition of Iraq/2 May 2003-28 June 2004
Iraqi Governance/29 June 2004-15 December 2005
National Resolution/16 December 2005-date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait and was awarded the GWOTEM, which was not placed on his DD Form 214 (along with the GWOTSM, Overseas Service Ribbon, and Combat Action Badge).

2.  Regulations allow the issuance of the ICM in addition to the GWOTEM for Soldiers who deployed to Kuwait, waited for OIF to start, then entered Iraq on or after 19 March 2003.  The applicant is entitled to the ICM in addition to the GWOTEM.

3.  The applicant participated in two campaigns during his OIF service – the Liberation of Iraq and the Transition of Iraq.  He is authorized two bronze service stars for wear on the ICM.

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.  awarding the ICM with two bronze service stars for service in OIF from    19 March 2003 through 13 March 2004; and

	b.  adding to his DD Form 214 the ICM with two bronze service stars, the GWOTSM, the Overseas Service Ribbon, and the Combat Action Badge.



      ________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)                                         AR20080018810



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ABCMR Record of Proceedings (cont)                                         AR20080018810



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