RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 August 2007 DOCKET NUMBER: AR20070003775 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. Curtis Greenway Chairperson Mr. Robert W. Soniak Member Ms. Karmin S. Jenkins Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, award of the Purple Heart, Army Commendation Medal, Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, the National Defense Service Medal, the Combat Action Badge, the Iraq Campaign Medal, and the Overseas Service Ribbon. 2. The applicant states that upon separation, his awards were not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 3. The applicant provides a copy of orders and certificate awarding him the Purple Heart and a copy of DA Form 638 (Recommendation for Award) awarding him the Army Commendation Medal in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 15 December 2005, the date of his discharge. The application submitted in this case is dated 7 February 2007. 2. The applicant's records show that the applicant enlisted in the Regular Army on 29 July 2002. He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 13F (Fire Support Specialist). The applicant served in Iraq during the period 19 April 2003 through 31 January 2004. 3. The Board noted the applicant's request for the Combat Action Badge. However, the applicant has not exhausted the administrative remedy available to him. He has been notified by separate correspondence regarding submission of his request for award of the Combat Action Badge to the Commanding General, U.S. Army Human Resources Command. As a result, the Combat Action Badge requested by the applicant is not discussed further in these Proceedings. 4. Section VIII (Awards and Decorations) of the applicant's Enlisted Record Brief (ERB) shows that the applicant was awarded the National Defense Service Medal and the Global War on Terrorism Service Medal. The applicant's DA Form 2-1 (Personnel Qualification Record) is not available for review. 5. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, or the Iraq Campaign Medal, and the Overseas Service Ribbon. 5. Department of the Army, U.S Army Human Resources Command, Permanent Orders Number 316-24, dated 12 November 2003, show the applicant was awarded the Purple Heart for wounds received as a result of hostile action in Iraq on 2 November 2003. 6. Headquarters, 3rd Armored Cavalry Regiment, Permanent Orders Number 010-024, dated 10 January 2004, show the applicant was awarded the Army Commendation Medal for meritorious service while deployed in support of Operation Iraqi Freedom in Iraq during the period 16 April 2003 through 4 April 2004. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. 8. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 9. Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 10. Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom. The message also states that under no condition will any Soldier in the United States receive this award. Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Expeditionary Medal to qualified personnel. Permanent orders are NOT required 11. The Human Resources Command Message (Date Time Group 17 March 2004) limited initial award of the Global War on Terrorism Expeditionary Medal to Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following areas of eligibility (AOE): Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 east degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. 12. Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas. To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participates 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 [each day of operations counts as one day of eligibility]. This campaign medal may be awarded posthumously. 13. Only one award of the Iraq Campaign Medal may be authorized for any individual. Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service. 14. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. 15. A review of the applicant's records indicates that the applicant is entitled to additional awards not shown on his DD Form 214. 16. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. 17. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 18. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows: (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate); (b) non-adverse separation provision; (c) minimum 9 months continuous service - a break is 24 hours or more; (d) active Federal service on or after 1 April 1984; or, service in a Ready Reserve unit organized to serve as a unit (National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he is entitled to award of the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, the National Defense Service Medal, the Iraq Campaign Medal, and the Overseas Service Ribbon. 2. Orders show the applicant's was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in Iraq on 2 November 2003. Therefore, he is entitled to correction of his records to show this award. 3. Orders show the applicant's was awarded the Army Commendation Medal for meritorious service while deployed in support of Operation Iraqi Freedom in Iraq during the period 16 April 2003 through 4 April 2004. Therefore, he is entitled to correction of his records to show this award. 4. Records show that the Global War on Terrorism Service Medal and the National Defense Service Medal are both listed on the applicant's DD Form 214. Therefore, there is no further action required. 5. Records show that the applicant was deployed abroad in Operations Iraqi Freedom in Iraq, for 30 consecutive days and that he was engaged in actual ground combat against the enemy and while participating in combat operations, was wounded/injured requiring medical evacuation from the area of eligibility. Therefore, he is entitled correction of his records to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM). 6. Records show that the applicant successfully completed his initial entry training and therefore is entitled to award of the Army Service Ribbon and correction of his records to show this award. 7. Records show that the applicant was deployed to Iraq during the period 19 April 2003 through 31 January 2004. However, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service. Therefore, the applicant is not entitled to correction of his records to show this award. 8. Although the applicant served overseas in Iraq during the period 19 April 2003 through 31 January 2004 and had an Active Army status on or after 1 August 1981, his overseas service is recognized with another U.S. service medal since he was awarded the GWOTEM. Therefore, he is not entitled to correction of his record to show the Overseas Service Ribbon. 9. Evidence of record confirms that the applicant served honorably during the period 29 July 2002 through 15 December 2005. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal. 10. Records show that the applicant enlisted in the Army after 1 April 1984, served at least 9 months of continuous service, had no adverse separation provision, and was honorably discharged. Therefore, he is entitled to the Army Lapel Button and correction of his records to show this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __cg____ __rws___ __ksj___ 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 showing the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, the Army Lapel Button, and the Army Good Conduct Medal. 2. The Board further determined that 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 the Iraqi Campaign Medal and the Overseas Service Ribbon. Curtis Greenway ______________________ CHAIRPERSON INDEX CASE ID AR20070003775 SUFFIX RECON DATE BOARDED 20070802 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (GRANT) REVIEW AUTHORITY ISSUES 1. 107.0000 2. 3. 4. 5. 6.