IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120011186


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 award of the:

* Meritorious Unit Commendation (MUC)
* Army Commendation Medal (ARCOM) (2nd Award)
* Global War on Terrorism Expeditionary Medal (GWOTEM) in lieu of the Iraq Campaign Medal (ICM) for his service in support of Operation New Dawn (OND)

2.  The applicant states:

* the absence of the MUC and two awards of the ARCOM from his DD Form 214 is unjust because he was told he didn’t have supporting documentation to show he had earned these awards, or to show he was part of the unit that received the award
* the absence of the GWOTEM from his DD Form 214 is unjust because he was told there was no clarification to show OND qualified as an approved campaign for wear of the medal
* at this time, since he has not received an ICM or GWOTEM, he elects to receive the GWOTEM for his service in support of OND

3.  The applicant provides:

* DD Form 214 WS-Automated (DD Form 214 Worksheet) for the period ending 16 June 2008
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 January 2011
* DA Form 4980-14 (ARCOM Certificate) showing Permanent Order Number 203-01 issued by Commander, 75th Ranger Regiment, Fort Benning, GA, dated 21 July 2008, awarded him the ARCOM
* DA Form 4980-14 showing Permanent Order Number 312-028A issued by Headquarters, 3rd Sustainment Brigade, Joint Base Balad, Iraq, dated 9 November 2010, awarded him the ARCOM (2nd Award)
* Permanent Orders 362-06 issued by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 28 December 2010
* Military Personnel (MILPER) Message Number 10-261 issued on 5 October 2010, titled:  OND – Revised Campaign, Expeditionary and Service Medal Policy,
* MILPER Message Number 11-208 issued on 7 July 2011, titled:  New Campaigns for the ICM and the Afghanistan Campaign Medal
* a spreadsheet titled:  GWOTEM – Approved Areas of Eligibility (AOE) for Operation Enduring Freedom (OEF), Operation Iraqi Freedom (OIF), and OND

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 September 2004.  He completed training and was awarded military occupational specialty 11B (Infantryman).

2.  His Enlisted Record Brief (ERB) shows he deployed to Iraq three times in support of OIF and to Afghanistan one time in support of OEF as a member of the 1st Battalion, 75th Ranger Regiment, Hunter Army Airfield, GA.

* he deployed to Iraq from 4 October 2005 to 6 January 2006
* he deployed to Iraq from 7 July 2006 to 30 September 2006
* he deployed to Iraq from 20 May 2007 to 10 July 2007
* he deployed to Afghanistan from 6 January 2008 to 16 February 2008

3.  Permanent Order Number 203-01 issued by the 75th Ranger Regiment, Fort Benning, GA, dated 21 July 2008, awarded him the ARCOM for outstanding service while assigned to Company A, 1st Battalion, 75th Ranger Regiment, as a rifleman, grenadier, and squad automatic weapon gunner during the period 21 April 2005 to 16 June 2008.

4.  On 16 June 2008, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows he completed 3 years, 9 months, and 3 days of net active service during this period.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* Joint Service Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal
* ICM with campaign star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Ranger Tab
* Parachutist Badge

	b.  Item 18 (Remarks) of his DD Form 214 contains the entries:

* "SERVICE IN IRAQ 20051004-20060106"
* "SERVICE IN IRAQ 20060707-20060930" 
* "SERVICE IN IRAQ 20070520-20070710"
* "SERVICE IN AFGHANISTAN 20080106-20080216"

5.  On 17 January 2010, he was mobilized and reentered active duty in support of OIF.

6.  Orders B-06-003518 issued by HRC, St. Louis, MO, dated 1 June 2010, promoted him to the rank/grade of sergeant/E-5 effective 7 May 2010.

7.  Permanent Order Number 312-028A issued by Headquarters, 3rd Sustainment Brigade, Joint Base Balad, Iraq, dated 9 November 2010, awarded him the ARCOM (2nd Award) for exceptionally meritorious service during OIF 09-11 during the period 15 March 2010 to 30 November 2010 while assigned to the 3d Battalion, 156th Infantry Regiment.

8.  On 17 January 2011, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year and 1 day of net active service during this period and 3 years, 9 months, and 3 days of prior active service.

	a.  Item 13 of his DD Form 214 for this period shows he was awarded or authorized the:

* Afghanistan Campaign Medal with campaign star
* ICM with four campaign stars
* Joint Service Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* Combat Infantryman Badge
* Expert Infantryman Badge
* Ranger Tab
* Parachutist Badge

	b.  Item 18 of his DD Form 214 contains the entry "SERVICE IN IRAQ 20100227-20101213."

9.  Orders D-11-118536 issued by HRC, Fort Knox, KY, dated 15 November 2011, honorably discharged him from the USAR effective 15 November 2011.

10.  His record is void of any documentation that shows he was assigned to the 2nd Battalion, 156th Infantry Regiment, or one of its subordinate units.

11.  He provides:

* Permanent Orders 362-06 issued by HRC, Fort Knox, KY, dated 28 December 2010, awarding the MUC to the 2nd Battalion, 156th Infantry Regiment, and its subordinate units
* MILPER Message Number 10-261 issued on 5 October 2010 authorizing award of the GWOTEM for service in support of OND

12.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.


	a.  The GWOTEM is awarded to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Such Soldiers must have been assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.

	b.  MILPER Message Number 10-261 issued on 5 October 2010 authorized award of the GWOTEM for service in support of OND effective 1 September 2010 or later.  The AOE for award of the GWOTEM is the same as the AOE for award of the ICM; however, no service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the MUC, ARCOM (2nd  Award), and the GWOTEM in lieu of the ICM for his service in support of OND.

2.  Permanent orders awarded him the ARCOM (2nd Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Army Regulation 600-8-22 and MILPER Message 10-261 allow for Soldiers to be awarded the GWOTEM for service in support of OIF/OND.  The evidence of record shows he served in Iraq in support of OIF/OND during the period 27 February 2010 to 13 December 2010; however, his DD Form 214 shows he was awarded the ICM with a fourth campaign star for this same period of service. 
Since he elected to receive the GWOTEM in lieu of ICM campaign credit for this operation, it would be appropriate to amend his DD Form 214 to add the GWOTEM and correct his previously-awarded ICM to show three campaign stars instead of the four currently shown.

4.  He submitted permanent orders issued by HRC to justify his receipt of the MUC; however, the orders awarded the MUC to the 2nd Battalion, 156th Infantry Regiment, and its subordinate units.  The evidence of record shows he was assigned to a subordinate unit of the 3rd Battalion, 156th Infantry Regiment.  Therefore, the orders do not authorize him permanent wear of the MUC and there is no basis to grant this portion of the requested relief.


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.  deleting the ICM with four campaign stars from item 13 of his DD Form 214 for the period ending 17 January 2011 and

	b.  adding the following awards to item 13 of his DD Form 214 for the period ending 17 January 2011:

* ARCOM (2nd Award)
* GWOTEM
* ICM with three campaign stars

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 correcting his DD Form 214 to show award of the MUC.



      ____________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)                                         AR20110020936



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ABCMR Record of Proceedings (cont)                                         AR20120011186



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