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Decision Text

ARMY | BCMR | CY2011 | 20110015404
Original file (20110015404.txt) Auto-classification: Denied

		
		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015404 


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 all the awards to which he was entitled.

2.  He states there were other awards that were issued but not listed on his DD Form 214.

3.  He provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 January 2006.  He was deployed to Iraq from 12 May to 10 November 2007 and from 15 October 2009 to 3 August 2010.

2.  He was released from active duty on 10 January 2011 and he transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM) 


* Global War on Terrorism Service Medal (GWOTSM)
* "Iraq Campaign Medal with campaign star (2nd Award)"
* Army Service Ribbon
* Overseas Service Ribbon

3.  His service record is void of evidence that shows he is entitled to any additional awards.

4.  Army Regulation 600-8-22 (Military Awards) states 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 encompasses all foreign land, water, and air spaces outside the fifty 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. 

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.  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.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Only one award of this medal may be authorized for any individual (emphasis added).  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)
* Operation New Dawn (1 September 2010 - 31 December 2011)


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Iraq from 12 May to 10 November 2007 and from 15 October 2009 to 3 August 2010.

2.  His service record is void of evidence and he has not provided any evidence that indicates he is entitled to any additional awards.  Therefore, there is no basis for granting the applicant's request.

3.  However, based on a review of the applicant's record it appears he was erroneously awarded the GWOTEM.  There is no evidence he served during a qualifying period of service for entitlement to this award.

4.  His DD Form 214 also shows he was awarded the "Iraq Campaign Medal with campaign star (2nd Award)"; however, it is unclear whether this entry is meant to reflect the ICM with two bronze service stars (for campaign participation) or two awards of the ICM (for his two tours of duty in Iraq).  Based on his deployed service in Iraq, he should have been awarded the ICM with two bronze service stars since only one award of this medal may be authorized for any individual.

5.  Although it appears that an administrative error was made in item 13 of his DD Form 214, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to affect the administrative change to correct his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  __x______  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 


are insufficient as a basis for correction of the records of the individual concerned.



      __________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.

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