ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 October 2019

	DOCKET NUMBER:  AR20170015927


APPLICANT REQUESTS: 

*	Correction to his deployment dates to Iraq, from “20040608-20050207” to 
“20030608-20040207”
*	Award of the Iraqi Campaign Medal (ICM), American Expeditionary Forces Medal 
(AEFM), Combat Action Badge (CAB), and marksmanship badges for the rifle, 
pistol, and other weapons

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 67-9 (Officer Evaluation Report)
*	Amendment Orders 170-14, dated 19 June 2003
*	Bronze Star Medal certificate, dated 5 January 2004

FACTS:

1.  The applicant states, in effect:

   a.	His deployment dates on his DD Form 214 (Certificate of Release or Discharge 
from Active Duty) are incorrect, the correct dates are from 8 June 2003 to 7 February 
2004.
   
   b.	Based on his corrected deployment date, he is eligible for the ICM, AEFM, CAB, 
and weapons qualification badges for rifle, pistol, and other weapons. 

2.  The applicant provides:

   a.	DA Form 67-9 (Officer Evaluation Report), covering the period from 23 April 2003 
through 1 February 2004, which shows he served as the Assistant Operations Officer, 
Combined Joint Task Force - 7 (CJTF-7), located in Baghdad, Iraq, in support of 
Operation Iraqi Freedom.
   
   b.	Amendment Orders 170-14, dated 19 June 2003, reflects his assignment was 
amended to change to United States Armed Forces Central Command (Baghdad, Iraq), 
with a proceed date of on or about 24 May 2003.  
   
   c.	Bronze Star Medal certificate, dated 5 January 2004, reflects he was awarded for 
his performance of duty during Operation Iraqi Freedom from 15 June 2003 to               
1 February 2004.

3.  The applicant did not provide evidence that shows he was awarded or authorized the 
CAB.  Therefore, the Board will not further consider the CAB.  As a retiree, he must 
address his application for a retroactive CAB, with substantiating evidence to the 
National Personnel Records Center, 1 Archives Drive, St. Louis, MO, 63138-1002.  He 
is advised he may request consideration for the CAB through the ABCMR when he has 
exhausted administrative remedies.

4.  The applicant requested an AEFM, which there is no record of existence within Army 
Regulation 600-8-22 (Military Awards).  The Board will consider him for the Armed 
Forces Expeditionary Medal (AFEM) in the alternative.  He is advised that he may 
request reconsideration if the AFEM was not the intended relief.

5.  A review of the applicant’s service record shows:

   a.	He took the Oath of Office on 22 May 1994, as a Signal Corps officer. 
   
   b.	He served in Baghdad, Iraq with CJTF-7 from 15 June 2003 to 1 February 2004.
   
   c.	He retired from active duty on 31 May 2017.  His DD Form 214 shows he was 
released under the provisions of AR 600-8-24, paragraph 6-13c (1), sufficient service for 
retirement, and his service was characterized as honorable.  It also shows in block 13 
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or 
Authorized) he was authorized the following:

*	National Defense Service Medal 
*	Global War on Terrorism Expeditionary Medal 
*	Global War on Terrorism Service Medal 
*	Korea Defense Service Medal 
*	Humanitarian Service Medal 
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Multinational Force and Observers Medal
*	Parachutist Badge
*	Air Assault Badge

4.  Army Regulation 600-8-22, prescribes Army policy, criteria, and administrative 
instructions concerning individual and unit military awards.  The goal of the total Army 
awards program is to foster mission accomplishment by recognizing excellence of both 
military and civilian members of the force and motivating them to high levels of 
performance and service.  The AFEM was awarded to Soldiers who deployed in support 
of Southwest Asia for Operation Southern Watch, maritime Intercept Operation, 
Operation Norther Watch, and Operation desert Spring between 11 September 2001 to 
18 March 2003.  Those Soldiers may elect to receive either the AFEM or the GWOTEM 
for their service, but only one award is authorized for the same period.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found some 
relief was warranted.  The applicant’s contentions were carefully considered.  Evidence 
of record shows he served in OIF earlier than the dates listed on his DD Form 214.  The 
Board agreed, his DD Form 214 should be amended to show the correct dates.  

The Board also agreed the applicant must notify the Board that he prefers the ICM 
instead of the GWOTEM, as he is not authorized to have both for the same deployment.  
In addition, he is not authorized the AFEM for his service in OIF as his record shows he 
deployed to OIF after the AFEM qualifying period.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 amending 
block 18 (Remarks) of his DD Form 214 for the period ending 31 May 2017 by deleting 
his service in Iraq and adding the entry “Service in Iraq 20030608-20040207.” 

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 adding awards and decorations.


	  
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.

REFERENCES:

Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative 
instructions concerning individual and unit military awards.  

   a.	Paragraph 2-12 states, the Armed Forces Expeditionary Medal is authorized for 
qualifying service after 1 July 1958 in military operations within specific geographic 
areas during specified time periods.  An individual, who was not engaged in actual 
combat or equally hazardous activity, must have been a bona fide member of a unit 
participating in, or be engaged in the direct support of, the operation for 30 consecutive 
or 60 nonconsecutive days provided this support involved entering the area of 
operations.  
   
   b.	Paragraph 2-17 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 through 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)
   
   c.	Paragraph 8-8 states the requirements for award of the Combat Action Badge 
are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized 
to conduct close or offensive combat operations or performing offensive combat 
operations is not required to qualify for the Combat Action Badge.  However, it is not 
intended to award the Combat Action Badge to all Soldiers who serve in a combat zone 
or imminent danger area.  The Soldier must be performing assigned duties in an area 
where hostile fire pay or imminent danger pay is authorized.  The Soldier must be 
personally present and actively engaging or being engaged by the enemy and 
performing satisfactorily in accordance with the prescribed rules of engagement.  The 
Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the 
Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat 
Action Badge is authorized from 18 September 2001 to a date to be determined.  Only 
one Combat Action Badge may be awarded during a qualifying period.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170015927

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