IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019014 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by:

* removing campaign stars from the Iraq Campaign Medal and Afghanistan Campaign Medal in item 18 (Remarks)
* showing three awards of the Legion of Merit

2.  He states he:

* believes the record is in error
* doesn’t deserve or meet the requirements for the campaign stars
* was presented the Legion of Merit (3rd Award) on 31 July 2009 at his retirement and was unable to get it posted on his DD Form 214

3.  He provides a copy of his award certificate for the Legion of Merit and 
DD Form 214.  

CONSIDERATION OF EVIDENCE:

1.  After completion of prior enlisted service, the applicant was appointed as a Reserve warrant officer on 14 June 1985 with a concurrent call to active duty.  



2.  Item 18 on his DD Form 214 shows his foreign service as:

   a.  Iraq:
   
* 1 August 2003 to 31 August 2003
* 1 March 2007 to 31 March 2007
   
	b.  Afghanistan:

* 1 July 2003 to 31 July 2003
* 1 September 2004 to 30 September 2004
* 1 March 2005 to 31 May 2005
* 1 April 2007 to 30 April 2007

3.  His service record includes award certificates, dated 19 January 2001 and 20 September 2007, which show he was awarded the Legion of Merit for:

* meritorious service from 1 January 1991 to 1 January 2001 on 19 January 2001
* meritorious service on 20 September 2007 by Headquarters, U.S. Army Special Operations Command (USASOC), Permanent Order Number 263-1, dated 20 September 2007

4.  He provided an award certificate which shows he was awarded the Legion of Merit for meritorious service on 18 June 2009 by Headquarters, USASOC, Permanent Order Number 169-3, dated 18 June 2009.  

5.  He retired from active duty on 31 July 2009.  His DD Form 214 shows, in part:

* Iraq Campaign Medal with one bronze service star
* Afghanistan Campaign Medal with two bronze service stars
* Legion of Merit (2nd Award)

6.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:
* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)

   b.  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.  The applicant states he doesn’t meet the requirements for campaign stars for Iraq and Afghanistan.  However, the evidence of record does not support his claim.    

2.  The evidence of record shows he served in Iraq from 1 August 2003 to 31 August 2003 and from 1 March 2007 to 31 March 2007.  Therefore, he served during the Transition of Iraq and Iraqi Surge campaigns and is authorized two bronze service stars for wear on the Iraq Campaign Medal.  

3.  The evidence of record also shows he served in Afghanistan from 1 July 2003 to 31 July 2003; 1 September 2004 to 30 September 2004; 1 March 2005 to 31 May 2005; and 1 April 2007 to 30 April 2007.  Therefore, he served during the Consolidation I and Consolidation II campaigns and is authorized two bronze service stars for wear on the Afghanistan Campaign Medal.

4.  Although he requests removal of the campaign stars, he is entitled to these campaign stars for his service in Iraq and Afghanistan.  Therefore, his request is not granted. 

5.  His DD Form 214 shows the Legion of Merit (2nd Award).  However, he was awarded a third award of the Legion of Merit for service on 18 June 2009.  Therefore, it would be appropriate to amend his DD Form 214 to show a third award of the Legion of Merit.  

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 the entry “LEGION OF MERIT (2ND AWARD)” from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and replacing it with the entry “LEGION OF MERIT (3RD AWARD)”; and
   
   b.  deleting the entry “IRAQ CAMPAIGN MEDAL W/CAMPAIGN STAR” from item 18 of his DD Form 214 and replacing it with the entry “IRAQ CAMPAIGN MEDAL W/TWO CAMPAIGN STARS.”

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 removing campaign stars from his Iraq Campaign Medal and Afghanistan 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)                                         AR20100019014





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ABCMR Record of Proceedings (cont)                                         AR20100019014



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