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ARMY | BCMR | CY2009 | 20090008919
Original file (20090008919.txt) Auto-classification: Denied

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090008919 


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 award of the Global War on Terrorism Expeditionary Medal and the Combat Action Badge.

2.  The applicant states he was medically evacuated to the U.S. while his unit was still overseas in February 2008.  He states his records were not updated and his deployment time was not documented.  He states he did receive his combat patch and his Iraq Campaign Medal.

3.  The applicant provides, in support of his application, a copy of his legal name change during his enlistment in support of his application and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The Commander, U.S. Army Human Resources Command (HRC) is the approval authority for requests for award of the Combat Action Badge that are submitted outside the 90-day redeployment window.  The applicant must first submit his request for the award of the Combat Action Badge to U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471.  Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available.  There is no evidence that the applicant has previously submitted a request for the award of the Combat Action Badge to HRC.  Therefore, the issue of the Combat Action Badge will not be discussed further in these proceedings.
2.  The applicant's military personnel records show he enlisted in the Regular Army on 23 March 2007 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 44B (Metal Worker).

3.  The applicant was deployed with Bravo Company, 94th Brigade Support Battalion, 4th Brigade, 10h Mountain Division in Iraq during the period from 
25 November 2007 to 1 March 2008.

4.  On 25 April 2008, the applicant was discharged due to a condition, not a disability.  He had completed 1 year, 1 month, and 4 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Global War on Terrorism Expeditionary Medal.  However, item 13 does show he is authorized the Iraq Campaign Medal.

5.  Military Awards Branch Message, dated 8 April 2005, provided the implementing instructions for award of the Iraq Campaign Medal.  The message provided that effective 30 April 2005, the Global War on Terrorism Expeditionary Medal would no longer be authorized 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.  

DISCUSSION AND CONCLUSIONS:

The applicant's service in Iraq, from 25 November 2007 to 1 March 2008, was after the implementation of the Iraq Campaign Medal.  The Global War on Terrorism Expeditionary Medal was not authorized for service in Iraq effective 
30 April 2005.  The applicant is appropriately authorized the Iraq Campaign Medal for his service in Iraq.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  __x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20090008919





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ABCMR Record of Proceedings (cont)                                         AR20090008919



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