IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120002395 


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, in effect, award of the following awards and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these awards:

* Combat Action Badge (CAB)
* Army Commendation Medal (ARCOM)
* Joint Service Commendation Medal (JSCM)
* Joint Service Achievement Medal (JSAM)
* Army Achievement Medal (AAM)
* NATO (North Atlantic Treaty Organization) Medal
* National Defense Service Medal (NDSM)
* Operations Iraqi Freedom (OIF)/Enduring Freedom (OEF) campaign medals

2.  The applicant states:

* his tours in Iraq in 2005 to 2006 and Afghanistan in 2007 to 2008 were nothing short of hell
* his life as a Soldier in the Middle East has cost him his sanity from the tremendous amount of stress in the field
* CABs were awarded to at least 2 members of his unit in 2005 and 2006 for postal travel missions in high target areas and bravery in a combat zone
* enduring these frightening and life-changing events more than qualifies a Soldier for award of the CAB
* he suffered a right ankle injury during a mission that resulted in his medical evacuation from the combat area for reconstructive surgery and he should have received combat awards for this
* his unit failed to include him in awards for honorable service at times of high stress in combat
* his recovery was a long and lonely experience and no one from his unit ever contacted him through his surgery, convalescent leave, and physical therapy to regain the strength to walk on his own
* it was unquestionably odd that the only correspondence between him and his unit was his receipt of an ARCOM within his packet of documents
* he has sacrificed much for his country and would gladly give his life for the sake of the Nation and its people
* he received special recognition from the Commander, Joint Special Operations Command and the Command Sergeant Major for his work within the compound of Camp Alpha, Bagram Air Base
* despite his achievements, he was not recognized with a JSCM or JSAM for the amount of time and effort put forth for the task force that ended the reign of Osama Bin Laden
* his commanding officer wrote many JSCM or JSAM award packets for members of his unit, but he was not included

3.  The applicant provides:

* self-authored statement
* letter from a U.S. Senator to the Army Review Boards Agency, dated
13 January 2012
* Privacy Act Release Form
* ARCOM Certificate, dated 7 June 2006
* DA Form 638 (Recommendation for Award), dated 15 May 2006
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant requested award of the CAB, NDSM, and the NATO Medal and that these awards be added to his DD Form 214.

	a.  Regarding the CAB, the Army Board for Correction of Military Records (ABCMR) operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command (HRC), 


ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Since the applicant is not on active duty or in an active status, he may request this award by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

	b.  Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean his application has been denied by the ABCMR or that he may not file again.  Should his case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit a new application with evidence of HRC's denial of his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

	c.  Regarding the NDSM and the NATO Medal, his DD Form 214 for the period ending 4 July 2009 currently shows the NDSM in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and the NATO Medal in the continuation from Block 13 in Block 18 (Remarks).  Therefore, these awards will not be discussed further in these Proceedings.

2.  On 17 December 1998, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years.  He subsequently completed training and he was awarded military occupational specialty 63B (wheeled vehicle mechanic).  He continued to serve through periods of active and inactive service.

3.  On 3 April 2008, the applicant was ordered to active duty in support of OEF.

4.  Permanent Orders Number 158-27, issued by Headquarters, Fires Brigade, 4th Infantry Division, Camp Liberty, Iraq, dated 29 July 2006, awarded the applicant the ARCOM for meritorious service during OIF with the 55th Postal Company, 502d Personnel Services Battalion, 4th Infantry Division, for the period
27 October 2005 to 26 October 2006.

5.  On 4 July 2009, the applicant was honorably released from active duty (REFRAD) at the completion of required active service.  He was transferred to the 89th Regional Readiness Command.  He completed 1 year, 3 months, and
2 days of net active service this period with 1 year, 11 months, and 17 days of prior active service for a total of 3 years, 2 months, and 19 days of creditable active service.  The DD Form 214 he was issued at the time show he:

	a.  served in Kuwait/Iraq during the period 27 October 2005 through 10 June 2006 (the DD Form 214 for the applicant's prior active service is not available for review);

	b.  served in Kuwait/Afghanistan during the period 3 June 2008 through 4 April 2009; and 

	c.  was awarded the:

* Afghanistan Campaign Medal (ACM) with Campaign Star
* Army Reserve Component's Achievement Medal (2nd Award)
* NDSM
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM) with Campaign Star
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Overseas Training Ribbon (2nd Award)
* Armed Forces Reserve Medal with "M" Device (3rd Award)
* NATO Medal

6.  Orders 11-123-00027, issued by Headquarters, 88th Regional Support Command, Fort McCoy, WI, dated 3 May 2011, honorably discharged the applicant from the USAR, effective 2 June 2011.

7.  A review of the applicant's interactive Personnel Electronic Records Management System (iPERMS) does not show recommendations for or orders awarding him the JSCM, JSAM, or the AAM; nor does the applicant provide a copy.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states:

	a.  The JSCM was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.

	b.  The JSAM was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

	c.  The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

	d.  The ICM is awarded to members who have served in direct support of 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in support of OIF, the applicant participated in the following two campaigns:

* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005- 9 January 2007)

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the ARCOM for meritorious service during the period 27 October 2005 to 26 October 2006.  Therefore, his DD Form 214 for the period ending 4 July 2009 should be corrected to show this award.

2.  The applicant's DD Form 214 shows he served in two campaigns during his service in Kuwait/Iraq.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded ICM and correction of his DD Form 214 to show these bronze service stars.

3.  There is no evidence of record that shows he was recommended for or awarded the JSCM, JSAM, or the AAM.  Therefore, there is an insufficient evidentiary basis for granting these portions of the applicant's requested relief.

4.  The applicant contends he should have received combat awards for the period of time he was under medical evacuation orders.  Nevertheless, his
DD Form 214 shows he was awarded the ACM and ICM, both with a campaign star, for his service in combat areas in support of OEF/OIF.  He has not shown he was actively engaged with the enemy, held an infantry MOS, or he was recommended for additional combat awards or that an appropriate authority 


approved recommendations or announced additional combat awards in orders.  Therefore, there is an insufficient evidentiary basis for any additional combat-related awards.

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 from his DD Form 214 for the period 4 July 2009 the Iraq Campaign Medal with Campaign Star; and

	b.  adding to his DD Form for the period ending 4 July 2009 the:

* Army Commendation Medal
* Iraq Campaign Medal with two bronze service 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 award of the Joint Service Commendation Medal, Joint Service Achievement Medal, and the Army Achievement Medal and adding these medals to his DD Form 214.



      ___________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)                                         AR20120002395



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ABCMR Record of Proceedings (cont)                                         AR20120002395



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