IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100007402
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that he was awarded the Iraq Campaign Medal (ICM) with one bronze service star and the Afghanistan Campaign Medal (ACM) with one bronze service star instead of the Global War on Terrorism Expeditionary Medal (GWOTEM) and the ICM with two bronze service stars. He also requests that he be awarded the Combat Action Badge (CAB).
2. The applicant states, in effect, that in his previous request to the Board he submitted documentation to show that he served in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) during two separate periods and the Board corrected his records to show that he was awarded the GWOTEM and the ICM with two bronze service stars. However, he desires to be awarded the ACM with one bronze service star in lieu of the GWOTEM and the ICM with one bronze service star. He further states that he believes he is entitled to a retroactive award of the CAB.
3. The applicant provides:
* a letter explaining his application
* a copy of the previous Board action in his case
* copies of Army Commendation Certificates for Operations Enduring Freedom and Iraqi Freedom
* a copy of his deployment history
* a 2-page request for award of the CAB
CONSIDERATION OF EVIDENCE:
1. The Army Board for Correction of Military Records (ABCMR) operates under the procedures set forth in Army Regulation 15-185 (Army Board for Correction of Military Records) which provides that the ABCMR will not consider any application until the applicant has exhausted all other administrative remedies to correct the alleged error or injustice.
2. Requests for retroactive award of the CAB 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 request may be made by letter and must contain:
* assignment, attachment, or operational control orders
* a copy of the enlisted record brief or personnel qualification record
* a copy of the chain of command endorsement
* a 1-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation
3. Inasmuch as there is no evidence to show the applicant has exhausted his administrative remedy with regard to the award of the CAB, it will not be discussed further in these proceedings. This does not mean the request for the CAB has been denied by the ABCMR or that the applicant may not file again. Should his case not be satisfactorily resolved and he feels an error or injustice still exists in his case, he may reapply to the Board with evidence to show that he has exhausted the administrative remedies available to him.
4. The applicant enlisted in the Regular Army on 31 August 2000. He completed his training as an air traffic control operator and airborne training and was assigned for duty with the 1st Battalion, 58th Aviation Regiment, at Fort Bragg, North Carolina. He was advanced to pay grade E-4 on 1 June 2002.
5. He deployed to Afghanistan in support of OEF from 25 October 2002 to 1 June 2003. He again deployed in support of OIF from 7 September 2003 to 6 April 2004.
6. On 30 August 2005, the applicant was honorably released from active duty due to the completion of required service. He had served 5 years of total active service and his DD Form 214 issued at the time of his separation contains no information regarding his deployments to Iraq.
7. He applied to this Board on 15 January 2008 requesting that his records be corrected to reflect his service in Iraq and that he be awarded the appropriate service medals for his service. On 24 June 2008, the Board directed that his records be corrected to reflect his service in Iraq and that he be awarded the GWOTEM and the ICM with two bronze service stars.
8. Army Regulation 600-8-22 (Military Awards) states that service members qualified for award of the GWOTEM by reason of service between 24 October 2001 and 28 February 2005 in an area for which the ACM was subsequently authorized will remain qualified for that medal. Upon application, any such service member may be awarded the ACM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. A bronze service star is authorized for wear with this medal for participation in each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. While the applicant did not specify in his first application to the Board that he desired to forego his award of the GWOTEM in order to be awarded the ACM with one bronze service star, he is entitled to do so at this time.
2. Accordingly, his records should be corrected by deleting the award of the GWOTEM and the ICM with two bronze stars and adding awards of the ACM with one bronze service star and the ICM with one bronze service star.
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:
* deleting from his DD Form 214 the GWOTEM and the ICM with two bronze service stars
* adding to his DD Form 214 the ACM with one bronze service star and the ICM with one bronze service star
_______ _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) AR20100007402
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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