IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012646 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (First Oak Leaf Cluster) and the Joint Meritorious Unit Award.

2.  The applicant states the above awards should be added to his DD Form 214.

3.  The applicant provides a copy of:

* his DD Form 214
* his DA Form 638 (Recommendation for Award) that includes Headquarters, 160th Special Operations Aviation Regiment (SOAR), Permanent Order Number 221-6, dated 8 August 2008
* a memorandum from The Joint Staff, Washington, DA, dated
30 September 2008, showing award of the Joint Meritorious Unit Award 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 September 2004 for a period of 4 years and 22 weeks.  He successfully completed basic and advanced individual training and he was awarded military occupational specialty 42A (Human Resources Specialist).

2.  On 26 February 2005, the applicant was assigned to Headquarters and Headquarters Company, 3rd Battalion, SOAR.  While assigned to this unit he was deployed in support of Operation Iraqi Freedom on the following dates:

* 31 August 2005 through 10 November 2005
* 28 December 2005 through 6 February 2006
* 5 November 2006 through 6 December 2006
* 28 July 2007 through 6 November 2007

3.  Headquarters, 160th SOAR, Permanent Order Number 221-6, dated 8 August 2008, shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period 25 February 2005 to 18 July 2008.

4.  On 5 September 2008, the applicant was honorably retired after completing 
3 years, 11 months, and 28 days of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) by reason of temporary disability.  On 6 September 2008, he was placed on the Temporary Disability Retired List (TDRL) with a combined 30 percent disability rating percentage.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars
* Army Service Ribbon
* Driver and Mechanic Badge with Mechanic Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  A Joint staff memorandum, dated 30 September 2008, announced that the Chairman of the Joint Chiefs of Staff awarded the Joint Meritorious Unit Award to Headquarters, Combined Joint Special Operations Air Command, Balad Air Base, Iraq, for exceptionally meritorious achievement from 1 July 2006 to 31 May 2008.  Only those members of the Armed Forces of the United States who were present at the time and directly participated in the service or achievement for 

30 days or more or for the period cited if less than 30 days are authorized to wear this award.  Personnel must be assigned and/or attached by official orders to the joint unit or task force headquarters receiving the award.

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  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)


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service.  Therefore, his DD Form 214 should be corrected to add this award.

2.  With respect to the Joint Meritorious Unit Award, the evidence of record shows that Headquarters, Combined Joint Special Operations Air Command, Balad Air Base, Iraq was awarded the Joint Meritorious Unit Award for exceptionally meritorious achievement from 1 July 2006 to 31 May 2008.  However, there is no indication that the applicant was assigned or attached to Headquarters, Combined Joint Special Operations Air Command, Balad Air Base, Iraq or that the award was conferred to subordinate units.  Therefore, there is insufficient evidence to grant this portion of his requested relief.

3.  The applicant served in Iraq during four separate periods.  Based on his dates of service in Iraq, he participated in the Iraqi Governance, National Resolution, and Iraqi Surge designated campaigns.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  deleting from item 13 of his DD Form 214 the Army Commendation Medal and the Iraq Campaign Medal with two bronze service stars and

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal (First Oak Leaf Cluster) and the Iraq Campaign Medal with three bronze service stars.

2.  The Board further determined that 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 adding the Joint Meritorious Unit Award to his DD Form 214.



      __________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)                                         AR20100012646



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ABCMR Record of Proceedings (cont)                                         AR20100012646



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