IN THE CASE OF:	  

		BOARD DATE:	        24 March 2009

		DOCKET NUMBER:  AR20090001252 


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 Discharge from Active Duty) to show award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.  

2.  The applicant states that his DD Form 214 does not list the requested awards.

3.  The applicant provides a copy of his DD Form 214, dated 28 December 2006; a copy of a certificate of membership; a copy of a certificate, dated 18 May 2006, showing award of the Army Achievement Medal; a copy of a DA Form 638 (Recommendation for Award), dated 27 April 2006; and a copy of a certificate, dated 27 September 2006, showing a second award of the Army Achievement Medal, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 4 April 2003. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63H (Tracked Vehicle Mechanic).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank of sergeant on 28 December 2006. 

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korea Defense Service Medal, the Army Service Ribbon, and the Driver/Mechanic Badge with Mechanic Bar.  Item 13 does not show award of the Iraqi Campaign Medal or the Global War on Terrorism Expeditionary Medal.

3.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Kuwait/Iraq from 9 October 2005 to 8 October 2006.  He was assigned to B Battery, 1st Battalion, 77th Field Artillery.  

4.  Army Regulation 600-8-22 (Military Awards) 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 area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

5.  Army Regulation 600-8-22, also provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

6.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal 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. 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.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

7.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom: Liberation of Iraq, from 19 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.  

8.  Review of the applicant’s records indicates his entitlements to additional awards that are not shown on his DD Form 214.

9.  Headquarters, 37th Transportation Group, Permanent Orders 138-25, dated 18 May 2006, show the applicant was awarded the Army Achievement Medal for meritorious service from 7 October 2005 to 6 October 2006.

10.  Headquarters, 24th Transportation Battalion, Permanent Orders 270-10, dated 27 September 2006, shows the applicant was awarded a second award of the Army Achievement Medal for meritorious achievement from 16 September 2006 to 19 September 2006. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record further shows that the applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom from 9 October 2005 to 8 October 2006.  Therefore, he served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award.  Additionally, he participated in two campaigns (Iraqi Governance and National Resolution) during his service in Iraq.  Therefore, he is also entitled to two bronze service stars to be affixed to his Iraq Campaign Medal.

2.  Permanent orders awarded the applicant two awards of the Army Achievement Medal for meritorious service and/or achievement, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Army Achievement Medal (1st Oak Leaf Cluster).

3.  With respect to award of the Global War on Terrorism Expeditionary Medal, effective 30 April 2005, this award is no longer authorized to be awarded for service in Iraq.  The applicant arrived in Iraq on or about 9 October 2005; therefore, he is not entitled to award of the Global War on Terrorism Expeditionary 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 deleting the Army Achievement Medal from Item 13 of his DD Form 214 and adding the Army Achievement Medal (1st Oak Leaf Cluster) 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 adding the Global War on Terrorism Expeditionary Medal.



															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)                                         AR20090001252



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001252



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1