BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090008442 


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 two Army Commendation Medals [correctly known as the Army Commendation Medal with First Oak Leaf Cluster].

2.  The applicant states, in effect, that he was awarded two Army Commendation Medals that are not shown on his DD Form 214.

3.  The applicant provides a copies of two DA Forms 638 (Recommendation for Award) as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he participated in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) during the period of 18 September 2001 through 26 September 2001.  On 27 September 2001, he enlisted in the Regular Army.   Upon successful completion of the required training he was awarded military occupational specialty 88M (Motor Transport Operator).  On 2 January 2007, the applicant was released from active duty with an honorable character-ization of service and transferred to USAR Control Group (Reinforcement) in the rank/grade of specialist (SPC)/E-4, which was the highest rank he attained while serving on active duty.


2.  The applicant provides a DA Form 638, initiated on 17 October 2003, which shows he was awarded the Army Commendation Medal for exceptionally meritorious service while assigned as a Heavy Wheeled Vehicle Operator during the time of hostilities in support of Operation Iraqi Freedom during the period of 19 March 2003 to 31 January 2004.  The authority for this award was 64th Corps Support Group, Permanent Order Number 031-592, dated 31 January 2004.

3.  The applicant provides a DA Form 638, initiated on 10 June 2005, which shows he was awarded the Army Commendation Medal for exceptionally meritorious service while assigned as a Light Wheeled Vehicle Driver during Operation Iraqi Freedom III during the period of 27 December 2004 to 26 December 2005.  The authority for this award was Headquarters, 46th Corps Support Group, Permanent Order Number 266-1, dated 23 September 2005.

4.  U.S. Army Human Resources Command, Alexandria, Virginia, Permanent Orders Number 205-06, dated 24 July 2006, awarded the applicant the Combat Action Badge effective 10 June 2005 for actively engaging or being engaged by the enemy.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served a period of two years in an overseas location.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the applicant's DD Form 214 shows award or authorization for the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.  This document does not show award of any Army Commendation Medals or the Combat Action Badge.

7.  Army Regulation 600-8-22 (Military Awards) states that 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].  This campaign medal may be awarded posthumously.

8.  Department of the Army MILPER [Military Personnel] Message 08-123, issued on 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq, he completed a qualifying period of service during four campaign phases:  Liberation of Iraq, Transition of Iraq, Iraqi Governance, and National Resolution.

9.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of two Army Commendation Medals was carefully considered and determined to have merit.

2.  Permanent Orders awarded the applicant the Army Commendation Medal for exceptionally meritorious service in support of Operation Iraqi Freedom during the period of 19 March 2003 to 31 January 2004.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this individual award.

3.  Permanent Orders awarded the applicant the Army Commendation Medal for exceptionally meritorious service in support of Operation Iraqi Freedom III during the period of 27 December 2004 to 26 December 2005.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal with First Oak Leaf Cluster.

4.  Permanent Orders awarded the applicant the Combat Action Badge.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this individual award.

5.  Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated during four campaign phases.  Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with four bronze service stars.


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 applicant the Iraq Campaign Medal with four bronze service stars.

	b.  adding the following awards to the applicant's DD Form 214 for the period ending 2 January 2007:

		(1)  the Army Commendation Medal with First Oak Leaf Cluster;

		(2)  the Combat Action Badge; and

		(3)  the Iraq Campaign Medal with four bronze service stars.

   c.  providing him a document to show these changes.



      _______ _   __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.



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