IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015530 


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 Combat Action Badge, Iraq Campaign Medal, and the Noncommissioned Officer Professional Development Ribbon with Numeral 2.  In addition, he requests removal of the Commissioned Officer Professional Development Ribbon from his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 March 2009.

2.  The applicant states that these awards were omitted from his DD Form 214 upon his release from active duty.

3.  The applicant provides the following documents:

	a.  DD Form 214 with a separation date of 20 March 2009;

	b.  Enlisted Record Brief, dated 17 December 2004;

	c.  temporary change of station Orders 114-7, dated 24 April 2003, issued by Headquarters, 1st Armored Division;

	d.  DA Form 4187 (Personnel Action), undated;

	e.  Combat Action Badge narrative summary, dated 1 September 2005; and

	f.  letter from Commander, Company A, 1st Battalion, 37th Armor Battalion, dated 26 May 2004, to the applicant's wife.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records do not contain orders or other evidence showing he was awarded the Combat Action Badge.  In the absence of evidence supporting awarding the Combat Action Badge, it is evident the applicant has not exhausted all administrative remedies available to correct the alleged error or injustice.  Under the provisions of Army Regulation 15-185, paragraph 2-5, the Army Board for Corrections of Military Records cannot consider the applicant's request for award of the Combat Action Badge until he exhausts all administrative remedies.  By separate correspondence, he was informed and provided guidance on the appropriate award recommendation procedures for the Combat Action Badge.  As a result, award of the Combat Action Badge will not be further discussed in this Record of Proceedings.

2.  The applicant enlisted in the Regular Army on 28 October 1999 for a 3-year period.  He completed basic and advanced individual training meeting qualifications for military occupational specialty 19K (Armor Crewman).  He reenlisted on 10 December 2001 for a 4-year period.

3.  On 5 September 2002, the applicant was assigned to Company A, 1st Battalion, 37th Armor Regiment, stationed in Friedberg, Germany.  His Enlisted Record Brief (ERB) shows he served as a gunner, assistant tank commander, and tank commander.  In addition, his ERB shows he served in Iraq for 14 months on temporary change of station orders, returning to his home station in July 2004.

4.  On 20 March 2009, the applicant received a bad conduct discharge directed by a general court-martial.  The DD Form 214 he was issued shows he had lost time under the provisions of Title 10, U.S. Code, section 972, from 15 September 2005 to 23 December 2005.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant upon his discharge shows the following awards

* Army Commendation Medal (5th Award)
* Army Achievement Medal (2nd Award)
* U.S. Army and U.S. Air Force Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal


* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

6.  The applicant's ERB shows the aforementioned awards, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, and one Driver and Mechanic Badge.

7.  The Defense Finance and Accounting System (DFAS) maintains Soldiers financial records of all pay and allowances paid to them during their periods of service.  The DFAS computerized system shows that the applicant received hostile fire pay for one period of service in an imminent danger pay zone from 1 May 2003 to 31 July 2004.

8.  In the processing of this application, a member of the staff from the Army Board for Correction of Military Records contacted the applicant.  In the telephone conversation, the staff member advised the applicant that he was eligible for one service medal for his service in Iraq in support of Operation Iraqi Freedom (OIF).  He was eligible for the Global War Terrorism Expeditionary Medal or the Iraq Campaign Medal, but not both awards for the same period of service.  The applicant reiterated that he wanted the Iraq Campaign Medal for his service in Iraq and consented to removal of the Global War on Terrorism Expeditionary Medal.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles and all air spaces 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 OIF.  A bronze service star based on qualifying service for each campaign listed in appendix B of this regulation will be worn on the appropriate service medal.  Approved campaigns are

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)
10.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal 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 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter all awards and decorations for all periods of service from the Enlisted Record Brief and verified by the Soldier's record.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence recorded on the applicant's Enlisted Record Brief, dated 17 December 2004, the applicant is entitled to have his DD Form 214 corrected to show the Noncommissioned Officer Professional Development Ribbon with Numeral 2 and the Driver and Mechanic Badge.

2.  The applicant's record does not show he was awarded a Commissioned Officer Professional Development Ribbon nor does such award exist within Army Regulation 600-8-22.  The applicant may be confused because the "Non" appears in item 13 and the "commissioned Officer Professional Development Ribbon" appears in item 30 (Remarks).  Therefore, no corrective action is required.

3.  Based on the applicant's service in Iraq from 1 May 2003 to 31 July 2004 and his personal request to correct his record to show award of the Iraq Campaign Medal, he is entitled to award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

4.  During the applicant's tour of duty in Iraq, he served in three campaigns.  Therefore, he is entitled to have his record corrected to add three bronze service stars to his Iraq Campaign Medal.



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 Global War on Terrorism Expeditionary Medal and the Noncommissioned Officer Professional Development Ribbon and

	b.  adding to item 13 of his DD Form 214 the

* Iraq Campaign Medal with three bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Driver and Mechanic Badge 



      ___________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)                                         AR20090015530



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ABCMR Record of Proceedings (cont)                                         AR20090015530



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