IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100017719


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) to show:

* Iraq Campaign Medal with 3 bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon

2.  The applicant states he served on active duty 4 years in the United States Marine Corps (USMC) during which time he served in Iraq from March – May 2003 and March – August 2004.  He separated from the USMC on 24 October 2004 and subsequently joined the Army National Guard (ARNG).  He served on active duty as an ARNG Soldier from 1 February 2009 through 7 February 2010, with service in Iraq from 3 May 2009 through 13 January 2010.

3.  The applicant provides:

* his ARNG DD Form 214
* his USMC DD Form 214
* a USMC Certificate of Commendation from 2nd Battalion, 1st Marines, for duty at Camp Baharia (Fallujah, Iraq) in May 2004
* Permanent Change of Station (PCS) Orders, dated 20 May 2002
* Memorandum with subject: Award of Wartime Service Medals, dated 18 December 2009, for Iraq Campaign Medal with 1 bronze service star, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, and Overseas Service Bar
CONSIDERATION OF EVIDENCE:

1.  With prior service in the USMC and USMC Reserve, the applicant enlisted in the ARNG on 19 November 2008.

2.  The applicant served on active duty from 1 February 2009 through 7 February 2010 with a unit deployment to Iraq from 3 May 2009 through 13 January 2010.  His DD Form 214, Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), shows all of his awards from his USMC DD Form 214 and the following awards from his Army service:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with "Campaign Star" [sic]
* Armed Forces Reserve Medal with "M" Device

3.  Army Regulation 600-8-22 (Military Awards) provides the Army Service Ribbon is awarded to members of the US Army for successful completion of initial entry training.  Effective 1 August 1981, all members of the Active ARNG, and U.S. Army Reserve (USAR) in an active Reserve status are eligible for this award.  

4.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, ARNG, and USAR in an active Reserve status are eligible for the award for successful completion of overseas tours.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). The U.S. Army Human Resources Command's Awards and Decorations Branch provided clarification that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Further, a Soldier who receives the Iraq Campaign Medal for service in Iraq may still receive the Overseas Service Ribbon.

5.  Army Regulation 600-8-22 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.  To qualify members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:
* be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties
* be wounded or injured and requires medical evacuation from the area of eligibility

6.  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) 

7.  The applicant provided evidence in the form of a USMC Certificate of Commendation confirming he was deployed in Iraq during March 2004.  The length and conditions of the deployment are unknown.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army Service Ribbon and the Overseas Service Ribbon.  He also requests 2 additional bronze service stars for wear on his already awarded Iraq Campaign Medal.

2.  The applicant by virtue of his unit deployment to Iraq while a member of the ARNG is entitled to the Army Service Ribbon and Overseas Service Ribbon.

3.  The applicant is basing his request for additional bronze service stars on his Iraq Campaign Medal on his USMC service in Iraq.  The applicant's USMC service in Iraq cannot be verified using the ARNG records available.  While the evidence does not dispute he served in Iraq as a Marine, however, he must provide clear and convincing evidence as to the lengths of his deployments in order to warrant additional 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 awarding him the Army Service Ribbon and Overseas Service Ribbon, and adding them to his DD Form 214 for the period 20090201-20100207.

2.  The Board further determined that the evidence presented was 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 additional bronze service stars for his Iraq Campaign 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)                                         AR20100017719



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ABCMR Record of Proceedings (cont)                                         AR20100017719



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