RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20060014444 


	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.


Mr. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Michael J. Flynn

Member

Mr. Jeffrey C. Redmann

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, correction of item 12f (Foreign Service), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show his service in Iraq and Kosovo and correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show that he was awarded the Bronze Star Medal, with "Valor" Device, with first Oak Leaf Cluster (OLC).
 
2.  The applicant states, in effect, that he served in Iraq and Kosovo and that his Bronze Star Medal, with "Valor" Device, is not listed on his DD Form 214.  He adds that his second Bronze Star Medal, in effect, which he earned on 4 April 2003, was also not listed.  

3.  The applicant provides a copy of his DD Form 214, a copy of his award certificate for the Bronze Star Medal, with "Valor" Device, and several leave and earning statements (LESs), and a copy of his deployment orders, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 28 May 1999, as a combat engineer, in military occupational specialty 12B, in pay grade E-3, with prior service in the Missouri Army National Guard (MOARNG).  He was promoted to sergeant (SGT/E-5) with an effective date of 1 June 2002.

2.  The applicant's records contain a copy of DD Form 2796 (Post Deployment Health Assessment), dated 4 October 2001, which shows that his unit, Company B, 11th Engineer Battalion, was deployed to Kosovo, Camp Monteith, in support of Operation Joint Guardian, from 15 May 2001 to 15 November 2001, for a total of 6 months, and 4 days.

3.  The applicant provided several copies of his LESs which show that he was paid HFP/IDP (hostile fire pay/imminent danger pay) from May 2001 to November 2001, at $150.00 per month.

4.  The applicant's records contain a copy of Headquarters (Hqs), 3rd Infantry Division (Mechanized) and Fort Stewart Permanent Orders Number 9-2, dated 9 January 2003, which shows Hqs, 3rd Infantry Division, and supporting elements, were deployed to Kuwait in support of Operation Enduring Freedom (OEF), effective 20 January 2003 until completion of mission.

5.  The applicant's records contain a copy of DD Form 2798, dated 20 June 2003, which shows that his unit Company B, 11th Engineers, was deployed to Southwest Asia, Kuwait, in support of Operation Iraqi Freedom (OIF), from 23 January 2003 to 18 July 2003, for a total of 5 months and 26 days.  

6.  The applicant provided several copies of his LESs which show that he was paid HFP/IDP from February 2003 through July 2003, for a total of 6 months.

7.  The applicant continued to serve until he was honorably discharged on 2 November 2004, under the provisions of Army Regulation 635-40, paragraph    4-24B(3), for physical disability with severance pay.  

8.  Item 12f (Foreign Service), on his DD Form 214, shows the entry, "0000 00 00."   

9.  The applicant's DD Form 214 shows he was awarded the Presidential Unit Citation (Army), the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Army Lapel Button.  His DD Form 214 does not show any additional awards.

10.  The applicant provided a copy of his award certificate which shows that he was awarded the Bronze Star Medal, with "Valor" Device, by Permanent Orders 119-143, dated 29 April 2003, for heroism in connection with military operations against a hostile force in Iraq in support of OIF.

11.  There are no orders in the applicant’s service personnel records which show that he was awarded a second Bronze Star Medal.  

12.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 
12f.  The regulation also states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket.  For time determination, 16 days or more count as a month.  However, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in item 18 (Remarks), of the DD Form 214.  



13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze "V" device indicates act of heroism involving conflict with an armed enemy.  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which is the Bronze Star Medal. 

14.  The applicant requested correction of his records to show award of the Bronze Star Medal (1st Oak Leaf Cluster).  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Bronze Star Medal (1st Oak Leaf Cluster) under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

15.  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.

16.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant's unit was deployed to Kosovo, Camp Monteith, in support of Operation Joint Guardian, for 6 months and 4 days and received HFD/IDP from May 2001 through November 2001.  He was also deployed to Kuwait, in support of Operation Iraqi Freedom, for 5 months and 26 days, and received HFD/IDP from February 2003 through July 2003. 

2.  The applicant's deployment to Kosovo, which consisted of 6 months and 4 days, and his deployment to Iraq, of 5 months and 26 days, combined together equated to 11 months, and 26 days of foreign service.  However, for time determination 16 days or more count as one month.  Therefore, 12 months of foreign service should be reflected in item 12f, of his DD Form 214.  Therefore, he is entitled to correction of item 12f, of his DD Form 214, to show the entry "0001 00 00" (1 year) instead of the entry "0000 00 00," and item 18 (Remarks), of his DD Form 214, to show the entry "SERVICE IN KOSOVO FROM 20010515-20011115" and "SERVICE IN KUWAIT/IRAQ FROM 20030123-20030718."

3.  The evidence of record shows that the applicant was awarded the Bronze Star Medal, with "Valor" Device, on 29 April 2003, for heroism in connection with military operations against a hostile force in Iraq, in support of Operation Iraqi Freedom, during the period 20 March 2003 to 30 April 2003.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence shows that the applicant's unit was deployed in support of Operation Iraqi Freedom for a total of 6 months.  The applicant is therefore eligible for award of the Iraq Campaign Medal.

BOARD VOTE:

___MJF_  __CD ___  ___JCF__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a. by showing the entry "0001 00 00" in item 12f (Foreign Service), of his DD Form 214; 

	b.  by adding the already-awarded Bronze Star Medal, with "Valor" Device, to his DD Form 214; 

c.  awarding the applicant the Iraq Campaign Medal; and adding this award to his DD Form 214; and

	d.  by showing the entry, "SERVICE IN KOSOVO FROM 20010515 TO 20011115," and the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030123-20030718" in item 18 (Remarks), of his DD Form 214. 



_____Carmen Duncan______
          CHAIRPERSON




INDEX

CASE ID
AR20060014444
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070607
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20041102
DISCHARGE AUTHORITY
AR 635-40, paragraph 2-24B(3)
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.