IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023775 


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 the date on his oath of reenlistment.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal, Army Achievement Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), and Iraq Campaign Medal (ICM).

2.  The applicant states:

	a.  The date on his oath of office for reenlistment in the U.S. Army shows 1 June 2007; however, it should be 1 June 2006.

	b.  He was awarded the Army Commendation Medal and Army Achievement Medal.

	c.  He served in Iraq from October 2005 to September 2006 and qualified for the GWOTEM and ICM.

3.  The applicant provides copies of his discharge certificate, oath of reenlistment, and two award certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) for a period of 3 years and 23 weeks on 17 June 2004.  Upon completion of training he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

2.  The applicant's Enlisted Record Brief shows in:

	a.  section I (Assignment Information – Overseas Service/Deployment/
Combat Duty) that he served 12 months in Iraq from 7 October 2005 through 21 September 2006;

	b.  section III (Service Data) that he was promoted to E-4 on 1 March 2006; and

	c.  section VIII (Awards and Decorations) that he was awarded or authorized the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Driver and Mechanic Badge.

3.  The applicant reenlisted in the RA on 1 June 2006.

4.  A DD Form 214 shows the applicant was honorably retired on 31 December 2007 and placed on the Temporary Disability Retired List.  He completed 3 years, 6 months, and 14 days of net active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Driver and Mechanic Badge with Driver-W Clasp.

	b.  Item 18 (Remarks) shows he served in Iraq from 7 October 2005 to 21 September 2006.

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

6.  The applicant provides the following documents:

	a.  DD Form 256A (Honorable Discharge Certificate) that shows he was honorably discharged on 31 May 2006;

	b.  DA Form 5689 (Oath of Reenlistment) that shows he reenlisted in the RA on 1 June 2007;

	c.  DA Form 4980-14 (Army Commendation Medal Certificate) that shows he was awarded the Army Commendation Medal for meritorious service as a force protection specialist from 7 October 2005 to 6 October 2006 per Headquarters, 16th Corps Support Group, Iraq, Permanent Order Number 222-06, dated 10 August 2006; and

	d.  DA Form 4980-18 (Army Achievement Medal Certificate) that shows he was awarded the Army Achievement Medal for meritorious service as a light wheeled vehicle mechanic from 1 December 2004 to 25 April 2007 per Headquarters, 80th Ordnance Battalion, Fort Lewis, Washington, Permanent Order Number 072-003, dated 13 March 2007.

7.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

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

	a.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  

	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and Operation Iraqi Freedom (OIF) in specific designated geographic AOE's which included Iraq between 9 March 2003 and 28 February 2005.

	c.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The 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.

		(1)  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.  It shows that during the applicant's period of service in Iraq, he participated in the following campaigns:

		(a)  Iraqi Governance (29 June 2004-15 December 2005) and

		(b)  National Resolution (16 December 2005 - 9 January 2007).

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.

	a.  Chapter 2 contains item-by-item instructions for completing the DD Form 214.

	b.  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 that the date on his oath of reenlistment should be corrected and his DD Form 214 should be corrected to show award of the Army Commendation Medal, Army Achievement Medal, GWOTEM, and ICM.

2.  The evidence of record shows the applicant was honorably discharged on 31 May 2006 to immediately reenlist in the RA on 1 June 2006.  The date on his oath of reenlistment shows 1 June 2007 vice 1 June 2006.  Therefore, it would be appropriate to issue a new DA Form 5689 to the applicant showing the correct date of his oath of reenlistment.

3.  Records show the applicant served in Iraq during the period 7 October 2005 to 21 September 2006 which was after the authorized period for award of the GWOTEM.  Thus, he did not qualify for the GWOTEM.



4.  The evidence of record shows:

	a.  the applicant  qualified for award of the ICM and he served in two campaigns during his service in Iraq; thus, he is entitled to the ICM with two bronze service stars;

	b.  the applicant qualified for award of the OSR based on his 12-month tour of duty in Iraq; and

	c.  permanent orders awarded the applicant the Army Commendation Medal and Army Achievement Medal.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his authorized awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  issuing the applicant a new DA Form 5689 showing he was administered the oath of reenlistment on 1 June 2006, and

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Army Achievement Medal, Iraq Campaign Medal with two bronze service stars, and Overseas Service Ribbon.



2.  The Board further determined 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 GWOTEM.



      ____________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)                                         AR20100023775



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ABCMR Record of Proceedings (cont)                                         AR20100023775



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