IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090008992 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Bronze Star Medal, the Meritorious Service Medal, and the Army Commendation Medal (3rd Award) he was awarded while he served on active duty.

2.  The applicant states, in effect, that item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Bronze Star Medal, the Meritorious Service Medal, and the Army Commendation Medal (3rd Award) because timing caused this critical error.  His DD Form 214 was produced before these awards became official.

3.  In support of his request, the applicant provides copies of Permanent Order Number 273-032 issued by Headquarters, Special Operations Command Central, MacDill Air Force Base, Florida, dated 30 September 2006, which awarded him the Bronze Star Medal; Permanent Order Number 037-03 issued by Headquarters, U.S. Army Special Forces Command (Airborne), Fort Bragg, North Carolina, dated 6 February 2007, which awarded him the Meritorious Service Medal; and Permanent Order Number 201-01 issued by Headquarters, 1st Special Forces Group (Airborne), Fort Lewis, Washington, dated 25 July 2007, which awarded him the Army Commendation Medal (3rd Award).

CONSIDERATION OF EVIDENCE:

1.  The evidence of record shows the applicant was commissioned in the Regular Army upon his graduation from the U.S. Military Academy, West Point, New York, on 30 May 1998.  The applicant was honorably discharged on 1 June 2007 in the rank and pay grade of captain, O-3, in accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5, for miscellaneous/general reasons.  On the date of his discharge, the applicant had completed 9 years and 2 days of net active service.

2.  Item 13 of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Kosovo Campaign Medal with bronze service star, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, the North Atlantic Treaty Organization Medal, the Combat Infantryman Badge, the Parachutist Badge, the Special Forces Tab, and the Ranger Tab.

3.  The evidence shows the applicant was awarded the Bronze Star Medal by Permanent Order Number 273-032 issued by Headquarters, Special Operations Command Central, MacDill Air Force Base, Florida, dated 30 September 2006.  This award is not shown on the applicant's DD Form 214.

4.  The evidence shows the applicant was awarded the Meritorious Service Medal by Permanent Order Number 037-03 issued by Headquarters, U.S. Army Special Forces Command (Airborne), Fort Bragg, North Carolina, dated 6 February 2007.  This award is not shown on the applicant's DD Form 214.

5.  The evidence shows the applicant was awarded the Army Commendation Medal (3rd Award) by Permanent Order Number 201-01 issued by Headquarters, 1st Special Forces Group (Airborne), Fort Lewis, Washington, dated 25 July 2007.  This third award of the Army Commendation Medal is not shown on the applicant's DD Form 214.

6.  The applicant had previously been awarded the Army Commendation Medal (1st Award) by Permanent Order 146-18 issued by Headquarters, 1st Infantry Division Engineer Brigade, 1st Infantry Division, dated 26 May 2000, and the Army Commendation Medal (2nd Award) by Permanent Order 306-1 issued by Headquarters, 1st Infantry Division Engineer Brigade, 1st Infantry Division, dated 2 November 2001.

7.  The evidence shows the applicant was awarded the Army Commendation Medal (3rd Award) while he was stationed at Fort Lewis and deployed to the Republic of Korea for his service as Commander of Exercise Support Group (ESG) during Joint Chiefs of Staff Exercise Foal Eagle 2007.  The period for this award spanned from 1 March 2007 through 25 April 2007, a period of over 30 consecutive days.  While in the Republic of Korea, the applicant conducted reconnaissance of the training areas and identified all support necessary for the training of all participants.

8.  The applicant's DD Form 214 shows his entitlement to the Iraq Campaign Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

9.  Item 18 (Remarks) of the applicant's DD Form 214 shows the applicant served in Iraq for the period 2 November 2005 through 18 November 2002 [sic] and 1 January 2006 through 22 August 2006.

10.  Section I (Assignment Information - Overseas/Deployment/Combat Duty) of the applicant's DA Form 4037 (Officer Record Brief), dated 13 December 2006, shows the applicant served in Iraq for 1 month with an ending date of 18 November 2005 and for 8 months with an ending date of 22 August 2006.

11.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  To be eligible for this award, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.  Personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.

12.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of Iraq and the contiguous water area out to 12 nautical miles and all air space 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 Operation Iraqi Freedom.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq for the period 19 March 2003-1 May 2003, Transition of Iraq for the period 2 May 2003-28 June 2004, Iraqi Governance for the period 29 June 2004-15 December 2005, and National Resolution for the period 16 December 2005-to a date to be determined.

13.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  This regulation states that decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service will be entered in item 13 of a service member's DD Form 214.

14.  Foal Eagle is one of three training exercises conducted annually in Korea by the Republic of Korea-United States Combined Forces Command.  Focused on the ability of the Republic of Korea to defend itself assisted by U.S. Forces, Foal Eagle trains all aspects of the Combined Forces Command mission:  rear battle-area protection; reception, staging, onward movement and integration; and conventional multi-service force-on-force readiness.  [Source:  Encyclopaedia.com]

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Bronze Star Medal, the Meritorious Service Medal, and the Army Commendation Medal (3rd Award) while he served on active duty.  He is therefore entitled to a correction to his DD Form 214 to show these awards.

2.  Based on the applicant's service in Korea as Commander of the ESG, which amounted to a total of over 30 consecutive days during the period 1 March 2007 through 25 April 2007 in support of Exercise Foal Eagle 2007, he is entitled to award of the Korea Defense Service Medal and to have this award added to his DD Form 214.

3.  The evidence shows that the applicant served in Iraq during two established campaigns of Operation Iraqi Freedom – the Iraqi Governance and the National Resolution campaigns.  Based on his service in Iraq and in these two campaigns, he is therefore entitled to award of the Iraq Campaign Medal with two bronze service stars and to have his records corrected to show this award.

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.  deleting the Army Commendation Medal (2nd Award) and the Iraq Campaign Medal from the applicant's DD Form 214; and

	b.  adding the Bronze Star Medal, the Meritorious Service Medal, the Army Commendation Medal (3rd Award), the Korea Defense Service Medal, and the Iraq Campaign Medal with two bronze service stars to item 13 of the applicant's DD Form 214.



      ____________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)                                         AR20090008992



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ABCMR Record of Proceedings (cont)                                         AR20090008992



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