IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100000249 


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) for the period ending 30 November 2009 to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Bronze Star Medal, and Combat Action Badge.

2.  The applicant states:

* he is entitled to these awards
* he served two tours in Iraq, his first tour was in 2003 and his most recent tour was in 2008/2009

3.  The applicant provides a copy of his DD Form 214 for the period ending 30 November 2009 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the Combat Action Badge.  Requests for award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  This award may be requested by letter.  All requests must contain the following:  (1) assignment, attachment, or operational control orders; (2) a copy of the Soldier's Enlisted Record Brief or DA Form 2-1 (Personnel Qualification Record); (3) a copy of the chain of command endorsement; (4) a one-page narrative description of the qualifying incident; (5) a certified copy of the DD Form 214; and (6) supporting documentation.  The applicant is required to exhaust all administrative remedies.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The applicant was ordered to active duty on 25 October 2008 in support of Operation Iraqi Freedom as a member of the U.S. Army Reserve.  He served in Iraq from 14 December 2008 to 9 October 2009 and he was released from active duty on 30 November 2009.

3.  The applicant's DD Form 214 for the period ending 30 November 2009 shows the Army Commendation Medal, Purple Heart, Army Good Conduct Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with one bronze service star, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with "M" Device (2nd Award), Driver and Mechanic Badge with Driver Wheeled Vehicle Clasp, and Driver and Mechanic Badge with Mechanic Clasp as authorized awards.  Item 18 (Remarks) of this DD Form 214 shows, among other entries, the entry "SERVICE IN IRAQ 20081214-20091009."

4.  Records at the Defense Finance and Accounting Service show the applicant served in a combat zone receiving hostile danger pay during the period 11 March 2003 to 10 January 2004 in Kuwait.  The available records do not contain a DD Form 214 covering this period of service.

5.  There are no orders for the Bronze Star Medal in the available records.

6.  Army Regulation 600-8-22 (Military Awards) states 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

7.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE or meet other specified criteria.

8.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE's, including Kuwait.

9.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Kuwait/Iraq during the period 2003/2004, he is eligible for award of the GWOTEM.  Therefore, his DD Form 214 for the period ending 30 November 2009 should be corrected to show this medal.

2.  The Defense Finance and Accounting Service information which shows the applicant served in Kuwait from 11 March 2003 to 10 January 2004 is accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 for the period ending 30 November 2009 to show his initial deployment in Kuwait/Iraq.

3.  There are no orders for the Bronze Star Medal in the available records.  Therefore, there is insufficient evidence with which to add the Bronze Star Medal to his DD Form 214 for the period ending 30 November 2009.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 the GWOTEM to his DD Form 214 for the period ending 30 November 2009 and

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030311-20040110" to item 18 of this DD Form 214.

2.  The Board further determined 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 the Bronze Star 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)                                         AR20100000249



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ABCMR Record of Proceedings (cont)                                         AR20100000249



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