BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100014316 


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 request for correction of his records to show the Presidential Unit Citation.  He also now requests award of the Global War on Terrorism Expeditionary Medal and Iraq Campaign Medal with bronze service stars for campaign participation in Operation Iraqi Freedom.

2.  The applicant states he served overseas with the 194th Military Police (MP) Company, 716th MP Battalion, 101st Airborne Division in Iraq from 1 April 2003 to 9 September 2003.  He also states he was separated from active duty before the Presidential Unit Citation, Global War on Terrorism Expeditionary Medal, and Iraq Campaign Medal were awarded; however, he is eligible for the awards.

 3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request for reconsideration.

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 (ABCMR) in Docket Number AR20080013886 on 19 February 2009.

2.  The applicant enlisted and entered active duty in the Regular Army for a period of 5 years on 15 September 1998.  Upon completion of training he was awarded military occupational specialty (MOS) 95B (Military Police).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service) he served in Hawaii from 19 February 1999 through 10 February 2002;

   b.   item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, Army Achievement Medal, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Expert Marksmanship Qualification Badge with Pistol (9 mm) Bar, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar; and

   c.  item 35 (Record of Assignments) that he was assigned to the 194th MP Company, Fort Campbell, Kentucky on 15 March 2002.

4.  The applicant's DD Form 214 shows he entered active duty this period on
15 September 1998, was honorably released from active duty on 20 December 2003, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 5 years,
3 months, and 6 days of net active military service this period.  (The applicant was retained in service 97 days for the convenience of the government.) 

   a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 17 November 2006, shows the Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Overseas Service Bar, Multinational Force and Observers Medal, Expert Marksmanship Qualification Badge with Pistol (9mm) and Hand Grenade Bars, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, Air Assault Badge, and Combat Action Badge.

   b.  Item 18 (Remarks) shows he served in Egypt from 7 January 2001 through 21 July 2001 and in Kuwait/Iraq from 1 April 2003 through 9 September 2003.

5.  The U.S. Marine Corps website at:  www.marines.mil provides access to Marine Administrative (MARADMIN) announcements of approved unit awards.  

	a.  U.S. Marine Corps, Washington, DC, MARADMIN message 507-03, date-time-group (DTG) 312200Z October 2003, Subject:  Announcement of Approved Presidential Unit Citation (Navy), published the list of units eligible to participate in the Presidential Unit Citation to recognize I Marine Expeditionary Force for actions in Operation Iraqi Freedom from 21 March 2003 to 24 April 2003.  It also shows that the award included numerous U.S. Army commands; however, the Marine Corps had not received U.S. Army concurrence and that the Marine Corps will publish a separate message with a list of U.S. Army units eligible to participate.

	b.  MARADMIN message 578/03, DTG 120730Z December 2003 (Subject As Above), shows the U.S. Army approved, accepted retention, and display of the Navy Presidential Unit Citation on the Army uniform to members of the list of approved U.S. Army units.  Only Soldiers assigned or attached to a participating unit and who participated in the actions cited are eligible for this unit award.

	c.  MARADMIN message 096/04, DTG 010730Z March 2005, Subject:  Announcement of Modification of Previously Awarded Presidential Unit Citation, shows a list of additional units eligible to participate in the Presidential Unit Citation included the 194th Military Police Company (U.S. Army).

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the Global War on Terrorism Expeditionary Medal or Iraq Campaign Medal.

7.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm if he preferred award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service in support of Operation Iraqi Freedom.  In response, the applicant indicated he would prefer award of the Iraq Campaign Medal (with bronze service stars for campaign participation).

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of Operation Iraqi Freedom.  The area of eligibility (AOE) encompasses all land area of the country of Iraq and 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 ICM 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 Operation Iraqi Freedom.

       (1)  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  The Military Awards regulation shows that during the applicant's overseas tour in Kuwait/Iraq from 1 April 2003 to
9 September 2003 he participated in the following campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	    (2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOEs designated for award of the GWOTEM, Afghanistan Campaign Medal (ACM), or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001
to a date to be determined having served 30 consecutive days or
60 nonconsecutive days are authorized the GWOTSM.

   c.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his request for correction of his records to show the Presidential Unit Citation should be reconsidered because his unit received the award during his service in Iraq.  He also now contends he should be awarded the Global War on Terrorism Expeditionary Medal and Iraq Campaign Medal with bronze service stars for campaign participation in Operation Iraqi Freedom.

2.  The evidence of record shows the applicant's unit was awarded the Presidential Unit Citation (Navy) for actions in Operation Iraqi Freedom  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show this unit award.

3.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE.  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in support of Operation Iraqi Freedom in Iraq.

   a.  The applicant requests award of the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.

   c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with 2 bronze service stars.

4.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOEs (i.e., for the GWOTEM, ICM, and ACM).  Therefore, it would be appropriate to correct his DD Form 214 to show award of this service medal.

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 AR20080013886, dated 19 February 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, and Presidential Unit Citation (Navy).




      _______ _ 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)                                         AR20100014316



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ABCMR Record of Proceedings (cont)                                         AR20100014316



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