IN THE CASE OF:	

		BOARD DATE:	16 August 2011

		DOCKET NUMBER:  AR20100025521


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) for the period ending 30 April 2010 to show he was actually discharged on 31 October 2010 with 7 years, 8 months, and 5 days of net active service this period.  He further requests correction of his DD Form 214 to show his award of the Meritorious Service Medal.

2.  He states, in effect, that his separation date from active service was amended and his DD Form 214 erroneously shows 30 April 2010 instead of 31 October 2010.  As a result, his net active service this period is also incorrect.  He also states that he received his award of the Meritorious Service Medal 2 months after his DD Form 214 was prepared.

3.  He provides:

* his DD Form 214
* Orders 303-0001, dated 30 October 2009
* Orders 032-0013, dated 1 February 2010
* his DA Form 31 (Request for Leave), dated 13 May 2010 
* A DA Form 638 (Recommendation for Award), dated 17 June 2010
* his Meritorious Service Medal certificate
* his Honorable Discharge certificate

CONSIDERATION OF EVIDENCE:

1.  The applicant requested that his DD Form 214 be corrected to show he was discharged on 31 October 2010 with 7 years, 8 months, and 5 days of net active service this period.  On 4 January 2011, a DD Form 215 (Correction to DD Form 214) was issued correcting the applicant's separation date this period to read "2010  10  31" (31 October 2010) and his net active service this period to read "0008  02  06" (8 years, 2 months, and 6 days).  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the DD Form 215 will be provided with these Proceedings.

2.  The applicant had prior enlisted service.  He was appointed as a warrant officer in the U.S. Army Reserve as a helicopter pilot and he entered active duty in that status on 26 August 2002.  He served in Iraq from 4 February 2004 through 3 March 2005 and from 30 September 2006 through 30 December 2007.

3.  A DA Form 638, dated 24 May 2010, recommended the applicant for award of the Meritorious Service Medal for meritorious service during the period 30 April 2008 to 30 July 2010.  The recommendation was subsequently approved by the appropriate authority.  Permanent Orders Number 168-004, issued by Headquarters, U.S. Army Military District of Washington, Fort McNair, D.C., dated 17 June 2010, awarded him the Meritorious Service Medal.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for the period ending 31 October 2010 does not show award of the Meritorious Service Medal.  It does show, among other awards, the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal with campaign star.

5.  Army Regulation 600-8-22 (Military Awards) 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.  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 - 31 August 2010)
* New Dawn (1 September 2010 - date to be determined)

6.  Army Regulation 600-8-22 states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Meritorious Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Record shows the applicant served two tours in Iraq during his period of active service.  It appears he was awarded the Global War on Terrorism Expeditionary Medal for his first tour in Iraq during the period 4 February 2004 through 3 March 2005.

3.  Records show that during his second tour in Iraq from 30 September 2006 through 30 December 2007, he participated in two campaign phases (National Resolution and Iraqi Surge).  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his
DD Form 214 to show these bronze service stars.

4.  The applicant is advised that should he decide to forfeit his already-awarded Global War on Terrorism Expeditionary Medal for the Iraq Campaign Medal, he may reapply to this Board.  In effect, he would be entitled to the Iraq Campaign Medal with four bronze service stars instead of the Iraq Campaign Medal with two bronze service stars as a result of this correction.

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.  deleting from item 13 of his DD Form 214 for the period ending 31 October 2010 the Iraq Campaign Medal with campaign star, and

	b.  adding to item 13 of his DD Form 214 for the period ending 31 October 2010 the Meritorious Service Medal and the Iraq Campaign Medal with two bronze service stars.



	____________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)                                         AR20100025521



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ABCMR Record of Proceedings (cont)                                         AR20100025521



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