BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120018274 


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:

* transfer to the Retired Reserve vice discharge from the Army National Guard (ARNG)
* award of the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM)
* correction of his pertinent DD Forms 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) to show the ICM and two awards of the Meritorious Unit Commendation (MUC)

2.  He states when he retired from the ARNG he was given a discharge without being given the opportunity to choose between being discharged and assigned to the Retired Reserve.  He would like to remain in the Retired Reserve.

	a.  He served with C Company, 1st Battalion, 187th Infantry Regiment, 101st Airborne Division from December 1989 to July 1992.  The 1st Battalion, 187th Infantry Regiment was awarded a MUC for their participation in Operation Desert Shield/Storm.

	b.  He served with Company B, 2nd Battalion, 108th Infantry, in Iraq from February 2004 to January 2005 when the unit was awarded a MUC for participation in Operation Iraqi Freedom (OIF) II.

3.  The option for award of the ICM in lieu of the GWOTEM was given after he returned from Iraq.

4.  He provides no additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The regulation under which this Board operates states the Board will not consider any request if it determines the applicant has not exhausted all available administrative remedies.  With regard to his request for correction of his NGB Form 22, there is no evidence he has petitioned the New York ARNG for correction of this National Guard form to show the ICM and MUC (two awards).  Therefore, this portion of his request will not be further discussed in this record of proceedings.  However, he may want to use this record of proceedings in support of a request for the ARNG to make the requested corrections to his 
NGB Form 22.

2.  Orders 76-1050, dated 17 March 2010, issued by the Office of the Adjutant General Joint Force Headquarters, New York, show the applicant was discharged from the ARNG and assigned to the Retired Reserve effective 1 March 2010.  His NGB Form 22 also shows he was transferred to the Retired Reserve the same date.  Evidence indicates he is currently assigned to the Retired Reserve.  Therefore, this portion of his request will not be further discussed in this record of proceedings.

3.  Permanent Order Number 091-072, dated 1 April 1991, issued by 3d Brigade, 101st Airborne Division, awarding him the Army Commendation Medal shows he was assigned to C Company, 1st Battalion, 187th Infantry Regiment, 101st Airborne Division, from 1 September 1990 to 16 January 1991. 

4.  A DD Form 214 covering his Regular Army service from 18 July 1989 through 20 July 1992 shows his last duty assignment as C Company, 1st Battalion, 187th Infantry Regiment.

5.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 11 September 1990 through 8 April 1991.

6.  Department of the Army General Orders 1, dated 31 March 1996, cited the 1st Battalion, 187th Infantry Regiment for award of the MUC for the period 12 September 1990 to 8 April 1991.

7.   Orders 273-360, dated 30 September 2003, issued by the Office of the Adjutant General, Joint Force Headquarters, New York, show effective 1 October 2003 he was ordered to active duty from the ARNG in support of OIF.  The orders show his unit of assignment was Company B (-), 2nd Battalion, 108th Infantry Regiment. 

8.  On 3 February 2005, he was released from active duty for completion of required active service.  His DD Form 214 covering this period of active duty shows he served in Kuwait/Iraq from 26 February 2004 through 31 December 2004.  This DD Form 214 shows the GWOTEM.  It does not show the ICM or MUC.  It also shows his last duty assignment and major command was 
Company B (-), 2nd Battalion, 108th Infantry Regiment. 

9.  His record contains Permanent Orders 104-015, dated 14 April 2005, issued by Multi-National Force – Iraq showing Task Force 2nd Battalion, 108th Infantry, was cited for award of the MUC for exceptionally meritorious service during ground combat operations against enemy forces in Iraq during OIF II from 15 February to 26 December 2004. 

10.  On 27 September 2007, he was ordered to active duty from the ARNG in support of Operation Enduring Freedom.

11.  On 27 November 2008, he was released from active duty for completion of required active service.  His DD Form 214 covering this period of active duty shows he served in Afghanistan from 22 December 2007 through 23 September 2008.  This DD Form 214 shows the GWOTEM.  It does not show the ICM or MUC.  It also shows at his release from active duty he was transferred to Company B, 2nd Battalion, 108th Infantry Regiment.

12.  Army Regulation 600-8-22 (Military Awards) states 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.  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 2010-31 December 2011)
13.  Army Regulation 600-8-22 states service members qualified for the GWOTEM by reason 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.

DISCUSSION AND CONCLUSIONS:

1.  His records show he served in Iraq during a period which qualifies him for the ICM.  Evidence shows he participated in two campaign phases during his service in Iraq.  Therefore, since he requests the ICM in lieu of the already-awarded GWOTEM, he is entitled to have the GWOTEM deleted from his DD Form 214 for the period ending 3 February 2005 and his DD Form 214 for the period ending 27 November 2008 and the ICM with two bronze service stars added to these two DD Forms 214.

2.  He was assigned to the 1st Battalion, 187th Infantry in Southwest Asia and the 2nd Battalion, 108th Infantry in Iraq during a period for which each of these units were cited for award of the MUC.  Therefore, he is entitled to have the MUC (two awards) added to his DD Form 214 for the period ending 3 February 2005 and his DD Form 214 for the period ending 27 November 2008.

3.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

_x_______  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends all ARNG records and Department of the Army records of the individual concerned be corrected by:

	a.  deleting the GWOTEM from his DD Form 214 for the period ending 3 February 2005 and his DD Form 214 for the period ending 27 November 2008, and 

	b.  adding the ICM with two bronze service stars and the MUC (two awards) to his DD Form 214 for the period ending 3 February 2005 and his DD Form 214 for the period ending 27 November 2008.




      _______ _  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)                                         AR20120018274



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ABCMR Record of Proceedings (cont)                                         AR20120018274



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