IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20110025045 


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 that his records be corrected to show that he was authorized separation pay and that his awards of the Iraq Campaign Medal (ICM) and Master Recruiting Badge be added to his DD Form 214.

2.  The applicant states that his records should be corrected to show a reason for separation that qualifies him for separation pay because his reenlistment was denied because he was under a suspension of favorable personnel actions (flagged).  He also states that his awards of the ICM and Master Recruiting Badge should be added to his DD Form 214.

3.  The applicant provides a copy of a DA Form 268 dated 2 March 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 March 2001 and served on active duty as an indirect fire infantryman until he was honorably released from active duty in the pay grade of E-5 on 30 September 2004 due to completion of required service.  He had served 3 years and 7 months of active service and was transferred to a Michigan Army National Guard (MIARNG) unit.  

2.  On 14 October 2004 he was ordered to active duty in the Active Guard Reserve (AGR) program for duty as a recruiting and retention noncommissioned officer.  He was awarded the Army National Guard Master Recruiting Badge on 10 November 2008 and was promoted to the pay grade of E-6 on 1 January 2009.
3.  Awards of the ICM and the Army National Guard Master Recruiting Badge are not reflected on his DD Form 214.

4.  On 13 October 2010 he was honorably released from active duty (REFRAD) due to completion of required service and was returned to the MIARNG.  He had served 6 years of active serve this period for a total of 9 years and 7 months of active service and was issued a Reentry (RE) Code of “1.”  He was also honorably discharged from the MIARNG and as a Reserve of the Army on        13 October 2010 due to the expiration of his term of service (ETS).

5.  A review of his official records shows that the applicant served in Iraq in 2003 and was awarded the Global War on Terrorism Expeditionary Medal for that tour.  His records failed to show any evidence of the applicant serving in Iraq for a second tour.  Additionally, there is no evidence to show that he was denied reenlistment.  His records indicate that he was fully qualified for reenlistment at the time of his REFRAD and discharge from the MIARNG.

6.  Title 10, U.S. Code, section 1174 provides the authority for separation pay upon involuntary discharge or REFRAD.  It states a member of an armed force other than as regular member who is discharged or released from active duty and who has completed 6 or more years of active service, but less than 20 years is entitled to separation pay if the member’s discharge or REFRAD is involuntary or the member was not accepted for an additional tour of active duty for which he or she volunteered.

7.  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 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for    30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  Under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 

8.  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.

9.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, State awards and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his records should be corrected to reflect an authorization for separation pay and awards of the ICM and the Army National Guard Master Recruiting Badge have been noted and appear to lack merit.

2.  The applicant has failed to show through the evidence of record and evidence submitted with his application show that he was denied reenlistment.  His DD Form 214 and his NGB Form 22 both show he had an RE code of 1. Therefore, in the absence of evidence to show that he was involuntarily separated, there appears to be no basis to grant his request for separation pay.

3.  The applicant was awarded the GWOTEM for his tour in Iraq and has failed to show any evidence of his serving a second tour in Iraq which is necessary for him to have both the GWOTEM and the ICM.  However, he has the option of requesting the award of the ICM in lieu of the GWOTEM if he so desires.  Accordingly, in the absence of such a request, there appears to be no basis to award him the ICM at this time. 

4.  Although there is evidence showing that he was awarded the Army National Guard Master Recruiting Badge, that is a State award and is not listed in Army Regulation 600-8-22.  Accordingly, it is not authorized for entry on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X ___  ___X____  ___X  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20110025045





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ABCMR Record of Proceedings (cont)                                         AR20110025045



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