IN THE CASE OF:	  

		BOARD DATE:	    29 July 2010

		DOCKET NUMBER:  AR20100001172 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 November 2003 to show his service in Kuwait from 27 December 2003 to 19 March 2003; his service in Iraq from 19 March 2003 to 20 June 2003; and award of the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal.  

2.  As a new issue, the applicant also requests correction of the same DD Form 214 to show award of the Presidential Unit Citation (Navy).

3.  The applicant states he did not have all his documents at the time of his discharge.  He deployed to Kuwait on 27 December 2002 in support of Operation Enduring Freedom (OEF) and crossed the border into Iraq on 19 March 2003 in support of Operation Iraqi Freedom (OIF).  According to regulatory guidance, he should be entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal.  

4.  The applicant provides the following additional documentary evidence:

* A copy of a DA Form 638 ((Recommendation for Award) and certificate, dated 28 April 2003, awarding him the Army Achievement Medal
* A copy of a DA Form 638 and a certificate, dated 30 April 2003, awarding him the Army Commendation Medal
* A copy of a certificate of achievement
* A copy of his DD Form 214, dated 30 November 2003
* A copy of his DD Form 215 (Correction to DD Form 214), dated 14 January 2006
* A copy of a Marine Administrative (MARADMIN) Message Number 578/03, dated 12 December 2003
* An extract of the criteria for award of the Iraq Campaign Medal

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records in Docket Number AR20070017332, on 8 May 2008.

2.  The applicant submitted copies of his DA Forms 638 and certificates for award of the Army Achievement Medal and Army Commendation Medal which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  His records show he enlisted in the Regular Army on 13 July 2000 and held military occupational specialty 14T (Patriot Missile Crewmember).  He was assigned to B Battery, 2nd Battalion, 43rd Air Defense Artillery.   

4.  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 30 November 2003.  The DD Form 214 he was issued for this period of service shows he completed 3 years, 4 months, and 18 days of active service during this period.  This form also shows the following:

	a.  Item 12f (Foreign Service) shows the entry "0000  00  00";

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Driver and Mechanic Badge with Driver-A Bar.

	c.  Item 18 (Remarks) does not show any service in a hostile fire pay/imminent danger pay (HFP/IDP) area. 





5.  On 14 January 2006, he was issued a DD Form 215 that corrected his DD Form 214 as follows:

* Item 12f to show he completed 5 months and 5 days of foreign service
* Item 13 to show the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal
* Item 18 to show service in Kuwait from 27 December 2002 to 1 June 2003

6.  On 8 November 2007, he petitioned the Board for correction of his DD Form 214 to show his service in Iraq from 19 March 2003 to 20 June 2003 and award of the Iraq Campaign Medal.

7.  On 8 May 2008, the Board granted him partial relief by deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign since the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal may not be awarded for the same action, time period, or service.  The Board also denied annotating his DD Form 214 with his service in Iraq for lack of sufficient evidence of such service.

8.  On 7 January 2009, his previous DD Form 215, dated 14 January 2006, was voided and he was issued a new DD Form 215 that corrected his original DD Form 214 as follows:

* Item 12f to show he completed 5 months and 5 days of foreign service
* Item 13 to show the Iraq Campaign Medal and the Global War on Terrorism Service Medal
* Item 18 to show service in Kuwait from 27 December 2002 to 1 June 2003

9.  He submits the following documents with his current application:

	a.  A copy of a DA Form 638 and a certificate, dated 28 April 2003 awarding him the Army Achievement Medal for exemplary performance in support of OEF in Kuwait from 27 December 2002 to 15 January 2003.

	b.  A copy of DA Form 638 and a certificate, dated 1 May 2003 awarding him the Army Commendation Medal for exemplary achievement during OIF, in support of the 1st Marine Expeditionary Force, from 22 February 2003 to 1 June 2003.  

	c.  A copy of an undated certificate in recognition of his outstanding performance during OIF.

	d.  A copy of MARADMIN 578/03, dated 12 December 2003, awarding the Presidential Unit Citation (Navy) to the 2nd Battalion, 43rd Air Defense Artillery, the unit which he was assigned.

10.  An email, dated 9 June 2010, from the Defense Finance and Accounting Service, Indianapolis, IN shows he received HFP/IDP and combat zone tax exemption for service in Kuwait from 24 February 2003 to 31 May 2003.

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, 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.  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-to a date to be determined)

12.  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 ICM 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.  

13.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  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 one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

DISCUSSION AND CONCLUSIONS:  

1.  The evidence of record show the applicant served in Kuwait from 27 December 2002 to presumably 19 March 2003 in support of OEF.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 for the period ending on 30 November 2003 to show it.

2.  The evidence of record shows the applicant served in Iraq from at least 19 March 2003 to 1 June 2003 in support of OIF as evidenced by his award of the Army Commendation Medal.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is entitled to award of two bronze service stars with the Iraq Campaign Medal and correction of his DD Form 214 to show this award.

3.  The evidence of record shows the applicant served in Kuwait and Iraq from 27 December 2002 to 1 June 2003 as evidenced by his awards of the Army Achievement Medal and the Army Commendation Medal.  This period of service is consistent with his pay records.  Therefore, the applicant is entitled to correction of his DD Form 214 to show his service in Kuwait/Iraq from 27 December 2002 to 1 June 2003.

4.  The evidence of record shows the applicant's unit of assignment in Iraq was awarded the Presidential Unit Citation (Navy) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

5.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below. 






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 amendment of the ABCMR’s decision in Docket Number AR20070017332, dated 8 May 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his DD Form 215, dated 7 January 2009;

	b.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 for the period ending on 30 November 2003 and adding the entry "0000  05  05";

	c.  adding to item 13 of his DD Form 214 for the period ending on 
30 November 2003 the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal with two bronze service stars, and the Presidential Unit Citation (Navy); 

	d.  adding to item 18 of his DD Form 214 for the period ending on 
30 November 2003 the entry "Service in Kuwait/Iraq 20011227 - 20030601";

	e.  adding to his DD Form 214 for the period ending on 10 September 2009 the Presidential Unit Citation (Navy) and two bronze service stars be affixed to his already-awarded Iraq Campaign Medal; and

	f.  providing the individual a document to show the above changes.



      __________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)                                         AR20100001172



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record