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ARMY | BCMR | CY2010 | 20100018998
Original file (20100018998.txt) Auto-classification: Approved

		

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100018998 


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 the Global War on Terrorism Service Medal (GWOTSM), the Iraq Campaign Medal (ICM) with two bronze service stars, and two awards of the Army Achievement Medal (AAM).

2.  The applicant states he separated from the Army in 2003.  He is now on active duty in an Active Guard Reserve status and after reviewing his DD Form 214 realized he was not awarded the medals he is entitled as a result of his service in Kuwait and Iraq.

3.  The applicant provides a DD Form 214 and two AAM Certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 August 2000.  He completed his initial entry training and was awarded the military occupational specialty 13S (Field Artillery Surveyor).

2.  The 2nd Infantry Division Artillery Permanent Orders Number 029-01, dated 29 January 2002, awarded him the AAM for meritorious service from 6 March 2001 to 26 February 2002 and Headquarters, 3rd Battalion, 29th Field Artillery Permanent Orders Number 309-10 awarded him the second award of the AAM for meritorious achievement from 15 September 2002 to 22 October 2002.


3.  On 20 December 2003, he was honorably released from active duty in the rank of specialist/E-4 after completing 3 years, 4 months, and 18 days of creditable active duty service.

4.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Bar

5.  Block 18 (Remarks) of his DD Form 214 shows he served in Kuwait/Iraq from 9 April 2003 to 18 September 2003.

6.  His Official Military Personnel File (OMPF) is void of any derogatory information or a commander's disqualification statement that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) states the following:

	a.  the 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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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;

	b.  the ICM 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 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 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)

	c.  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the AAM;

	d.  the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the GWOTSM, ICM with two bronze service stars and two awards of the AAM has been carefully reviewed.

2.  His DD Form 214 shows he served in an area of eligibility during a period of qualifying service for the GWOTSM and the ICM with two bronze service stars.  Therefore, these awards should be added to his DD Form 214.

3.  Permanent orders awarded him the first and second awards of the AAM.  Therefore, he is entitled to correction of his DD Form 214 to show the AAM with 1st Oak Leaf Cluster.

4.  He was honorably released from active duty in the rank of specialist/E-4 and his OMPF is void of any derogatory information or a commander's disqualification statement that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 3 August 2000 through 2 August 2003 and to add this award to his DD Form 214.

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:

	a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 3 August 2000 through 2 August 2003;

	b.  issuing him a certificate for award of the Army Good Conduct Medal; and

	c.  amending block 13 of his DD Form 214 by adding the Army Achievement Medal with 1st Oak Leaf Cluster, Army Good Conduct Medal, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service 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)                                         AR20100018998



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ABCMR Record of Proceedings (cont)                                         AR20100018998



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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