IN THE CASE OF:	

		BOARD DATE:	3 December 2009  

		DOCKET NUMBER:  AR20090009326 


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 a fourth award of the Army Achievement Medal (AAM), two campaign stars [properly called bronze service stars] for wear on his Iraq Campaign Medal (ICM), and an end date of service in Iraq of 15 July 2008.

2.  The applicant states he was awarded four rather than three AAM's, he is authorized to wear two bronze service stars on his ICM instead of one, and he served in Iraq until 15 July 2008 instead of 15 July 2007.

3.  The applicant provides copies his DD Form 214; four certificates for award of the AAM; a certificate for award of the Army Commendation Medal; a Soldier Deployment History Outprocessing Report, dated 30 July 2008; and Military Personnel (MILPER) Message Number 08-123, subject: Afghanistan Campaign Medal (ACM) and ICM Campaign Stars, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 4 February 2004, he completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 63H (Tracked Vehicle Mechanic) with a subsequent award of MOS 63B (Wheeled Vehicle Repairman).


2.  He progressed normally, he was promoted to the rank/grade of sergeant (SGT)/E-5, and he was selected for participation in the Green to Gold program.

3.  The applicant's AAM certificates show he was awarded the AAM as follows:

	a.  on 13 April 2006, by Headquarters, 1st Battalion, 13th Armor Regiment, Fort Riley, KS, Permanent Orders Number 103-003 for outstanding achievement from 7 November 2005 through 7 November 2005;

	b.  on 19 October 2006, by Headquarters, 3rd Brigade, 1st Armored Division, Fort Riley, Permanent Orders Number 292-15 for meritorious service from
4 September 2004 through 19 May 2006;

	c.  on 10 March 2008, by Headquarters, 3rd Battalion, 319th Airborne Field Artillery Regiment, Fort Bragg, NC, Permanent Orders Number 070-02 for meritorious achievement from 8 June 2007 to 1 March 2008; and

	d.  on 6 August 2008, by the same headquarters, Permanent Orders Number 219-01 for exceptionally meritorious achievement from 4 February 2004 to
7 August 2008.

4.  On 7 August 2008, the applicant was honorably discharged to enter an officer training program.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal (4th award); AAM (3rd award); Army Good Conduct Medal; National Defense Service Medal; Global War on Terrorism Expeditionary Medal (GWOTEM); Global War on Terrorism Service Medal; ICM with "campaign" star; Noncommissioned Officer Professional Development Ribbon; Army Service Ribbon; Overseas Service Ribbon (2nd award); Parachutist Badge; and the Driver and Mechanic Badge with Driver - T (tracked vehicle) and - W (wheeled vehicle) Bars, and the "Mechanic" Bar.  Item 18 (Remarks) of the DD Form 214 shows service in Iraq from 1 February 2005 through 2 February 2006 and 6 June 2007 through 15 July 2007.

6.  His Enlisted Record Brief (ERB) shows award of the Army Commendation Medal (4th award); AAM (3rd award); Army Good Conduct Medal; National Defense Service Medal; GWOTEM; Global War on Terrorism Service Medal; ICM with "campaign" star; Noncommissioned Officer Professional Development Ribbon; Army Service Ribbon; Overseas Service Ribbon (2nd award); Parachutist Badge; Driver and Mechanic Badge with Driver - T (tracked vehicle) and - W (wheeled vehicle) Bars, and "Mechanic" Bar; and the Expert Marksmanship Qualification Badge with Carbine Bar.

7.  His Soldier Deployment History Outprocessing Report, dated 30 July 2008 shows the dates of his deployments as "named operation" for the purpose of "war" from 6 June 2007 through 15 July 2008 with WABHG0.  [WABHG0 is the unit identifier code for Company G (Forward Support), 307th Forward Support Battalion, 82nd Airborne Regiment, 1st Brigade.]

8.  A review of the applicant's pay records shows service in Kuwait/Iraq from 2 February 2005 through 23 January 2006 and 8 June 2006 through 30 April 2008; and in Afghanistan from 1 May 2008 through 15 July 2008.

9.  MILPER Message Number 08-123, issued on 30 April 2008, provides guidance on the criteria, applicability, and standards on awarding and wear of service stars on the Afghanistan Campaign Medal (ACM) and the ICM.  In part it states:

	a.  no ACM/ICM will be awarded to Army Soldiers without at least one service star;

	b.  should the Soldier’s initial inclusive period of deployment overlap one or more of the approved campaign phases, the Soldier is credited for participation in each applicable phase and he/she will be entitled to the appropriate number of service stars;

	c.  one bronze service star shall be worn on the suspension and campaign ribbon of the ICM/ACM for one or more days of participation in each designated campaign phase; the service star is not authorized for wear on the GWOTEM;

	d.  the approved designated ICM campaign phases and inclusive periods are: the Liberation of Iraq, 19 March 2003 - 1 May 2003; the Transition of Iraq, 2 May 2003 - 28 June 2004; the Iraqi Governance, 29 June 2004 - 15 December 2005; and the National Resolution, 16 December 2005 - to a date to be determined; and

	e.  the approved designated ACM campaign phases and inclusive periods are: the Liberation of Afghanistan, 11 September 2001 - 30 November 2001; the Consolidation I, 1 December 2001 - 30 September 2006; and Consolidation II, 1 October 2006 - to a date to be determined.



10.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  individuals authorized the ACM must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The ACM period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members qualified for the GWOTEM by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the ACM was subsequently authorized, will remain qualified for that medal.  No service member will be entitled to both medals for the same act, achievement, or period of service; 

	b.  a bronze service star is worn on the appropriate campaign or service medals to denote participation in named campaigns; and  

	c.  the GWOTEM 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 qualified for the GWOTEM by reasons of service between
19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded four AAM's, he is authorized to wear two bronze service stars on his ICM, and served in Iraq until 15 July 2008 instead of 15 July 2007.

2.  The available records show the applicant served in Iraq from 1 February 2005 through 23 January 2006 and from 8 June 2006 through 30 April 2008.  He then 
served in Afghanistan from 1 May 2008 through 15 July 2008.  The ending date for his second tour in Iraq, as recorded on the DD Form 214, does not correspond with the preponderance of evidence and his tour of service in Afghanistan is not recorded on the DD Form 214.

3.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his second tour in Iraq ended on 30 April 2008 and that he served in Afghanistan from 1 May 2008 through 15 July 2008.

4.  Based on his service in Afghanistan from 1 May 2008 through 15 July 2008, he is entitled to the ACM with one bronze service star for participation in the Consolidation II campaign.  Therefore, it would be appropriate to correct his records to show this award.

5.  During his combined service in Iraq, he participated in two campaign periods; the Iraqi Governance (during his first tour of duty in Iraq) and the National Resolution (during his second tour of duty in Iraq).  Therefore, based on his service in Iraq he would normally have been entitled to two bronze service stars for wear on his ICM.

7.  However, the applicant was awarded the GWOTEM for his first tour of duty in Iraq, for which a bronze service star for campaign participation is not authorized for wear.  He was further awarded the ICM with one bronze service star for his second period of service in Iraq.

8.  Since the applicant is not authorized award of both the GWOTEM and the ICM for the same period of service, and he did not indicate he wished to give up his award of the GWOTEM, it is not appropriate to correct the record to show a second bronze service star on the ICM.

8.  The applicant's DD Form 214 omits the applicant's fourth award of the AAM and his Expert Marksmanship Qualification Badge with Carbine Bar.  Therefore, it would be appropriate to correct the record to show this award and badge.

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:

	a.  deleting from item 13 of his DD Form 214 the Army Achievement Medal (3rd award);

	b.  deleting from item 18 of his DD Form 214 the entries "SERVICE IN IRAQ 20050201 - 20060202" and "SERVICE IN IRAQ 20070606 - 20070715";

	c.  adding to item 13 of his DD Form 214 the Army Achievement Medal (4th award), Afghanistan Campaign Medal with one bronze service star, and the Expert Marksmanship Qualification Badge with Carbine Bar; and

	d.  adding to item 18 of his DD Form 214 the entries "SERVICE IN IRAQ FROM 20050202 - 20060123," "SERVICE IN IRAQ FROM 20060608 - 20080430," and "SERVICE IN AFGHANISTAN FROM 20080501 - 20080715."

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 award of a second bronze service star for wear on the Iraq Campaign 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)                                         AR20090009326



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ABCMR Record of Proceedings (cont)                                         AR20090009326



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