IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090013188
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal with one bronze service star and the Army Achievement Medal (2nd award).
2. The applicant states that these awards were omitted from his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214 and DA Form 638 (Recommendation for Award).
CONSIDERATION OF EVIDENCE:
1. On 5 July 2005, the applicant enlisted in the Regular Army (RA). He completed his initial training and he was awarded military occupational specialty (MOS) 25U (Signal Support Systems Specialist).
2. Records show the applicant served in Iraq from 12 August 2006 through
6 November 2007.
3. Permanent Order Number 177-002, Headquarters, 2nd Battalion, 14th Infantry Regiment, dated 30 June 2009, awarded the applicant the Army Achievement Medal (1st oak leaf cluster) for meritorious service during the period 14 April 2006 to 4 July 2009.
4. On 4 July 2009, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had attained the rank/grade of specialist (SPC)/E-4 and he had completed 4 years of creditable active duty service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the, Army Commendation Medal (two awards), Army Achievement Medal, Valorous Unit Award, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Driver and Mechanic Badge with Driver-W Bar. It does not show award of the Iraq Campaign Medal or a second award of the Army Achievement Medal.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal. 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. 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 1 day of eligibility].
7. Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM). It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase. Approved designated ICM campaign phases and inclusive periods are listed below:
Liberation of Iraq/19 Mar 2003 - 1 May 2003
Transition of Iraq/2 May 2003 - 28 Jun 2004
Iraq Governance/29 Jun 2004 - 15 Dec 2005
National Resolution/16 Dec 2005 Date to be determined
8. Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.
9. Army Regulation 600-8-22 provides, in pertinent part, for the gratuitous issue of the Army Lapel Button. It is issued to Solders transitioning with an honorable characterization of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal and a second award of the Army Achievement Medal.
2. Permanent orders show that the applicant was awarded the Army Achievement Medal (1st oak leaf cluster) denoting a second award of the Army Achievement Medal. Therefore, this award should be shown on his DD Form 214.
3. The evidence clearly shows that the applicant served during a qualifying period for award of the Iraq Campaign Medal with a bronze service star. Therefore, his DD Form 214 should be corrected to show this award.
4. The applicant qualified for issuance of the Army Lapel Button. Therefore, his DD Form 214 should be corrected to show this button.
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 from item 13 of his DD Form 214 the Army Achievement Medal; and
b. adding to item 13 of his DD Form 214 the Army Achievement Medal (2nd award), Iraq Campaign Medal with one bronze service star, and the Army Lapel Button.
__________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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