IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100000007
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Action Badge, Joint Service Commendation Medal, and any other authorized awards. He also requests the dates of his foreign service be corrected.
2. The applicant states he is missing quite a few awards to include the Combat Action Badge, and Joint Service Commendation Medal. He also states he arrived in Kuwait in the spring of 2003 and he moved to Iraq and stayed
13 months. His second tour was from the winter of 2005 to 2006.
3. The applicant provides a copy of his DD Form 214 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 1 November 2001, completed training as a cavalry scout, and attained grade E-4.
2. He was separated prior to the expiration of his term of service with an honorable discharge on 23 October 2007.
3. His DD Form 214 lists his authorized awards at the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, and the Overseas Service Ribbon (2nd award).
4. Block 18 (Remarks) of the DD Form 214 shows "
SERVED IN DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN KUWAIT 20030329 -20040328//SERVICE IN IRAQ 20051205-20061130//
"
5. The applicant's Enlisted Record Brief lists his authorized awards as the Army Commendation Medal, Army Good Conduct Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.
6. A separation memorandum, dated 2 October 2007, lists his authorized awards as the Army Commendation Medal, Army Good Conduct Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Overseas Service Ribbon, Army Service Ribbon, and the National Defense Service Medal. It does not show his deployments
7. There are no other orders or details concerning awards, deployments or mobilizations contained in the available records.
8. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.
9. The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963. It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service. In accordance with Deputy Secretary of Defense Memorandum, "Combat Distinguishing Device for the Joint Service Commendation Medal," dated 29 November 1965, the "V" Device was authorized by wear for all services for acts or service involving direct participation in combat operations on or after 25 June 1963.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is missing quite a few awards to include the Combat Action Badge and Joint Service Commendation Medal. He also contends he arrived in Kuwait in the spring of 2003 and he moved to Iraq and stayed 13 months. His second tour was from the winter of 2005 to 2006.
2. The applicant's DD Form 214 appears to show all of the awards the applicant is authorized. It lists awards that are not shown on any other documents and all of the awards that are listed elsewhere. It also provides deployment/ mobilization details that are not otherwise available.
3. There is no evidence of record to show and the applicant did not provide any evidence to show he was awarded the Combat Action Badge or the Joint Service Commendation Medal.
4. The applicant's DD Form 214 shows he served in Kuwait from 29 March 2003 through 28 March 2004; he contends he arrived in Kuwait in the spring of 2003 and moved to Iraq and stayed for 13 months. However, he provided no evidence, such as pay documents, to show the exact dates he served in Kuwait/Iraq. Therefore, a determination cannot be made as to how to correct his DD Form 214 to show his first tour in Iraq. For the same reason, it cannot be determined how many campaigns he was credited with, which would affect how many bronze service stars he may wear on his Iraq Campaign Medal.
5. In view of the foregoing there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____x___ ____x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100000007
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ABCMR Record of Proceedings (cont) AR20100000007
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