IN THE CASE OF:	  

		BOARD DATE:	       19 May 2009

		DOCKET NUMBER:  AR20080019903 


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, reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 March 2004, to show award of the Meritorious Service Medal and the Iraq Campaign Medal.  He also requests, as a new issue, award of the Global War on Terrorism Service Medal.

2.  The applicant states, in effect, that he wants to be awarded the Iraq Campaign Medal for his service in Iraq and to have his Meritorious Service Medal added to his DD Form 214. 

3.  The applicant provides, in support of his application for reconsideration, copies of his two DD Forms 214, ending on 16 May 1968 and 30 March 2004; the Board's original proceedings; a memorandum from the Commander, 802nd Ordnance Company, dated 2 August 2003; a memorandum from the Commander, 802nd Ordnance Company, dated 30 September 2004; a DA Form 638 (Recommendation for Award) dated 23 February 2006; and a AHRC Form 249-2 (Chronological Statement of Retirement Points) dated 25 February 2005.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080014040 on 18 November 2008.

2.  The original Board proceedings show that the applicant was granted partial relief.  His military records were corrected to show award of the Global War on Terrorism Expeditionary Medal for his service in Kuwait.  However, the available evidence was insufficient for awarding him the Iraq Campaign Medal.  The Board determined that since the applicant's Meritorious Service Medal was for a period of service that ended after his release from active duty, it did not meet the criteria for inclusion on his DD Form 214.

3.  The applicant was released from active duty on 30 March 2004.  His DD Form  214 ending on 30 March 2004 shows that he was ordered to active duty in support of Operation Enduring Freedom, effective 3 January 2003.  He deployed to Kuwait on or about 28 February 2003 (55 days after entering active duty).

4.  Item 18 (Remarks) of the applicant's DD Form 214 states "Soldier provided support for Operation Enduring/Iraqi Freedom while serving in Iraq/Kuwait from 030228 thru 040214."

5.  A memorandum from the Commander, 802nd Ordnance Company, dated 
2 August 2003, states that the applicant was stationed at Tallil Air Base, in Iraq, from 9 April to 5 June 2003, a period of 58 continuous days.

6.  A memorandum from the Commander, 802nd Ordnance Company, dated 
30 September 2004, states that the applicant was recognized with an award of the Global War on Terrorism Expeditionary Medal for his service while deployed to Kuwait.

7.  On 23 February 2006, the applicant's company commander recommended him for award of the Meritorious Service Medal from the period 1 July 1994 to   30 June 2004.  This award was intended as recognition of his last 10 years of service prior to retirement.  The recommendation was approved and orders issued on 2 August 2006.  The applicant had been transferred to the Retired Reserve on or about 1 July 2004.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of 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.  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 one day of eligibility].  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM 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 GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service. 

9.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the following two campaigns: Liberation of Iraq and the Transition of Iraq.  A bronze service star is authorized for wear on the Iraq Campaign Medal for participation in each campaign.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal for Soldiers who have participated in or served in support of global war on terrorism operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award. 

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that Item 18 will contain the following entries for Reserve Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 



DISCUSSION AND CONCLUSIONS:

1.  The applicant, in effect, contends that his DD Form 214 should be corrected to show award of the Meritorious Service Medal, Iraq Campaign Medal, and the Global War of Terrorism Service Medal.

2.  The available evidence clearly shows that the applicant served on active duty as a Reservist from 3 January 2003 to 30 March 2004, when he was released back to his Reserve unit.  During this period of active duty service, he served approximately 55 days in the United States.  Therefore, he qualified for award of the Global War on Terrorism Service Medal.

3.  The available evidence shows that he served a period of 58 continuous days in Iraq from 9 April to 5 June 2003, qualifying for award of the Iraq Campaign medal with two bronze service stars.  Therefore, his records should be corrected to show this award.  

4.  The available evidence clearly shows that almost 2 years after the end of his last period of active duty, the applicant was recommended for award of the Meritorious Service Medal.  Furthermore, this award was intended to recognize the applicant's quality of service for a 10-year period commencing on 1 July 1994, well before the start of his last period of active duty and terminating on 
30 June 2004, some 60 days after his release from active duty.  Since this award did not exist during the applicant's period of active duty and is for a period of service that is significantly different from his period of active duty service, it does not qualify for inclusion on his DD Form 214 that ended on 30 March 2004. 

5.  The applicant's records were previously corrected to show award of the Global War on Terrorism Expeditionary Medal for his service in Kuwait.  He remains qualified for this award for his service in Kuwait from 28 February through 8 April 2003.  This should not be changed.

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 amendment of the ABCMR’s decision in Docket Number AR20080014040, dated 18 November 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from Item 18 of his DD Form 214 ending on 30 March 2004: "Soldier provided support for Operation Enduring/Iraqi Freedom while serving in Iraq/Kuwait from 030228 thru 040214";

	b.  adding to Item 18 of his DD Form 214 ending on 30 March 2004:  "Service in Kuwait from 20030228-20030408; Service in Iraq from 20030409-20040214"; and

	c.  showing, that in addition to the awards already shown on his DD Form 214 ending 30 March 2004, that his awards include the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars.

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 showing award of the Meritorious Service Medal on his DD Form 214 ending 30 March 2004.




      _______ _   _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)                                         AR20080019903





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019903



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1