IN THE CASE OF:	  

		BOARD DATE:	        28 April 2009

		DOCKET NUMBER:  AR20090001182 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal.  He further requests to exchange his Armed Forces Expeditionary Medal for the Iraq Campaign Medal.

2.  The applicant states that at the time of his service in Iraq, the Iraq Campaign Medal was not yet authorized.

3.  The applicant provides, in support of his application, copies of his three DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  On 7 August 2001, the applicant was appointed as a second lieutenant, United States Army Reserve.  He was subsequently ordered to active duty on 13 May 2002.  He completed the Transportation Officer Basic Course and was released from active duty on 17 September 2002.  He had completed 4 months and 5 days of creditable active duty during this period of service.

2.  On 1 November 2002, the applicant, a first lieutenant, United States Army Reserve, was ordered to active duty in support of Operation Enduring Freedom.  He served in Southwest Asia during the period from 17 November 2002 to 12 September 2003.

3.  The applicant's DA Form 67-9 (Officer Evaluation Report) for the period from 18 September 2002 to 17 September 2003 states that he served in Iraq as a platoon leader and detachment commander with the 353rd Transportation Company.  He deployed in support of Operation Iraqi Freedom.

4.  On 24 October 2003, the applicant was released from active duty.  He had completed 11 months and 24 days of creditable active duty service.

5.  Item 12 (Record of Service) of the applicant's DD Form 214 ending 24 October 2003 shows that he performed foreign service for a period of 10 months and 1 day.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 ending on 24 October 2003 lists his awards as the Meritorious Service Medal, Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (two awards), Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.  It does not show award of the Iraq Campaign Medal.

7.  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 1 day of eligibility].  This campaign medal may be awarded posthumously.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are prescribed for wear with this medal.  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.

8.  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 will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) effective January 2007, does not provide authorization for award of the Armed Forces Expeditionary Medal for service in Iraq.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal.  He further contends that he was awarded the Armed Forces Expeditionary Medal for his service in Iraq.

2.  The evidence clearly shows that the applicant served on active duty during qualifying periods for award of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 ending on 24 October 2003 should be corrected to show these three awards.

3.  The available evidence of record does not identify what qualifying service was completed by the applicant for award of the Armed Forces Expeditionary Medal.  Since this award was not authorized for service in Iraq, it cannot be exchanged for an award of the Iraq Campaign Medal.
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 showing that, in addition to the awards shown on his DD Form 214 ending 24 October 2003, his authorized awards include the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary 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 removal of the Armed Forces Expeditionary Medal.



      __________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)                                         AR20090001182



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ABCMR Record of Proceedings (cont)                                         AR20090001182



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