IN THE CASE OF:	  

		BOARD DATE:	    14 January 2010

		DOCKET NUMBER:  AR20090013374 


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, as the father of a deceased former service member (FSM), requests, in effect, that his son's DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Action Ribbon, three awards of the Army Achievement Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Korean Service Medal, the Overseas Service Ribbon, and the Driver and Mechanic Badge with  Driver-T Device.  He also requests that his overseas assignments in Korea and Iraq be shown on the DD Form 214. 

2.  The applicant states, in effect, that his son served a tour in Korea and he was deployed to Iraq where he earned the Combat Action Ribbon.  He also indicates that his son earned the above mentioned awards and the National Defense Service Medal and the Army Service Ribbon. 

3.  The applicant provides a copy of the FSM's DD Form 214; three orders for the Army Achievement Medal; orders for the Driver and Mechanic Badge with 
Driver-T Device; the FSM's birth certificate; and the FSM's death certificate in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 9 January 2001 and served as a multiple launch rocket system crewmember.  On 12 March 2004, the FSM was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. On 15 May 2009, the Army Discharge Review Board upgraded the FSM's discharge to honorable.

2.  The FSM's DD Form 214 shows the National Defense Service Medal and the Army Service Ribbon as authorized awards.  Item 18 (Remarks) on his DD Form 214 does not show any deployments.

3.  The applicant provided a copy of Headquarters, 1st Battalion, 38th Field Artillery Permanent Orders Number 105-02, dated 15 April 2002, which shows the FSM received the Army Achievement Medal for the period 16 May 2001 to 
15 May 2002 while serving at Camp Stanley, Republic of Korea. 

4.  The applicant provided a copy of Headquarters, 2nd Battalion, 4th Field Artillery Battalion Permanent Orders Number 006-13 which shows the FSM received the Army Achievement Medal.  These orders are undated. 

5.  The applicant provided a copy of Headquarters, 2nd Battalion, 4th Field Artillery Permanent Orders Number 143-052, dated 26 May 2003, which shows the FSM received the Driver and Mechanic Badge with Driver-T Device for the period 21 February 2003 to 18 May 2003. 

6.  The applicant provided a copy of Headquarters, 2nd Battalion, 4th Field Artillery Battalion Permanent Orders Number 152-50, dated 1 June 2003, which shows the FSM received the Army Achievement Medal for the period 11 January 2003 to 19 March 2003. 

7.  There are no orders for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar or the Expert Marksmanship Qualification Badge with Grenade Bar in the available records.  

8.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay/imminent danger pay from 21 February 2003 to 15 June 2003 in Kuwait.

9.  The FSM died on 18 August 2007.

10.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  Department of Defense Instruction 1348.33 also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.
 
12.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  

13.  Army Regulation 600-8-22 states that the Korea Defense Service Medal (KDSM) 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 area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;

b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate as a regularly assigned air crewmember flying sorties into, out 
of, or within the area of eligibility in direct support of military operations.

14.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

15.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (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.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not 
associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

16.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. 

17.  Army Regulation 635-5 (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.  There is no provision to enter any duty assignment other than the last duty assignment and major command upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Action Ribbon is a Department of the Navy award; therefore, this Board does not have authority to award the Combat Action Ribbon.

2.  Orders show the FSM received three awards of the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show these medals.

3.  There is no evidence of record and the applicant did not provide any evidence which shows the FSM received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar or the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, there is insufficient evidence on which to amend the FSM's DD Form 214 to show these marksmanship badges.

4.  The FSM did not serve a period of qualifying service for award of the Korean Service Medal.  Therefore, there is no basis for granting the applicant's request for this medal.

5.  Orders for the Army Achievement Medal for the period 16 May 2001 to 
15 May 2002 show the FSM completed one overseas tour in Korea.  Therefore, he is eligible for one award of the Overseas Service Ribbon.

6.  Orders show the FSM received the Driver and Mechanic Badge with Driver-T Device.  Therefore, his DD Form 214 should be corrected to show this badge.

7.  The DFAS information, combined with the applicant's affirmation that the FSM served in Kuwait/Iraq, is accepted as sufficient evidence on which to amend item 18 on the FSM’s DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 18 on his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 21 February 2003 to 15 June 2003. 
 
8.  Based on the FSM's service in Kuwait/Iraq, he is eligible for award of the GWOTEM.

9.  The FSM served a period of qualifying service for award of the KDSM and the GWOTSM. 

10.  Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting the applicant’s request to show a duty assignment in Korea on the FSM's DD Form 214.

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.   adding three awards of the Army Achievement Medal, the Overseas Service Ribbon, the Driver and Mechanic Badge with Driver-T Device, the KDSM, the GWOTEM, and the GWOTSM on his DD Form 214; and

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ: 20030221 to 20030615" in item 18 on his DD Form 214.    

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 amending his DD Form 214 to show the Combat Action Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Korean Service Medal, or a duty assignment in Korea. 




      __________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)                                         AR20090013374





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ABCMR Record of Proceedings (cont)                                         AR20090013374



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