RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  2 August 2007
	DOCKET NUMBER:  AR20070000858 


	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

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Robert Soniak

Member

Ms. Karmin 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 that his dates of service in Iraq be shown in item 
12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 May 2004.  He also requests correction of this DD Form 214 to show award of the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Army Commendation Medal.

2.  The applicant states, in effect, that item 12f on his DD Form 214 for the period ending 1 May 2004 should reflect his dates of service in Iraq and his prior foreign service (1 year, 6 months, and 1 day) shown on his DD Form 214 for the period ending 22 November 1986. 

3.  The applicant provides a DD Form 214 for the period ending 1 May 2004; a DD Form 214 for the period ending 22 November 1986; and a memorandum for record, dated 2 March 2006.  

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant enlisted in the Regular Army on 23 November 1983, served as a single channel radio operator, and was released from active duty on 
22 November 1986 and transferred to the U.S. Army Reserve (USAR).  

3.  The applicant’s DD Form 214 for the period ending 22 November 1986 does not show the Army Commendation Medal as an authorized award.   

4.  Headquarters, United States Army, Berlin, Permanent Orders 70-PA-004, dated 14 August 1986, show the applicant received the Army Commendation Medal for meritorious service for the period 3 July 1984 to 1 January 1986.

5.  The applicant was honorably discharged from the USAR on 17 May 1990.  He enlisted in the Army National Guard on 6 June 2002.  He was ordered to active duty on 3 February 2003 in support of Operation Enduring Freedom.  He served as a machinist and was released from active duty on 1 May 2004 by reason of physical disability with severance pay.

6.  Item 12f on the applicant’s DD Form 214 for the period ending 1 May 2004 shows the entry, “0000 00 00.”  Item 18 (Remarks) on this DD Form 214 does not show any deployments.  This DD Form 214 also shows the Army Achievement Medal, the Army Good Conduct Medal, the Army of Occupation Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal and Mobilization, the Noncommissioned Officer’s Professional Development Ribbon, and the Army Service Ribbon as authorized awards.      

7.  The applicant provided a memorandum for record, dated 2 March 2006, from Headquarters, 1092d Engineer Combat Battalion (Heavy) in Parkersburg, West Virginia which states that he served with the 1092d Engineer Combat Battalion (Corps) (Wheel) from 3 February 2003 and that he was in Iraq from 10 April 2003 to 24 September 2003.  

8.  On 26 June 2007, the applicant was notified by separate correspondence that he was eligible for either the GWOTEM or the Iraq Campaign Medal for qualifying service in recognition for his service in Iraq.  He was also informed that if he did not respond in writing with his decision on these medals then his records would be corrected to show award of the GWOTEM.  The applicant did not respond within the given time frame.    

9.  Records at the Defense Finance and Accounting Service show the applicant received hostile fire pay from 9 April 2003 to 30 December 2003.  

10.  Army Regulation 600-8-22 (Military Awards) states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, 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 and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

11.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  

12.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

13.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Iraq from 10 April 2003 to 24 September 2003, a total of 5 months and 14 days.  Therefore, items 12f and 18 on his DD Form 214 should be corrected.

2.  Based on his service in Iraq in support of Operation Iraqi Freedom, the applicant is entitled to award of the GWOTEM.



3.  Orders show the applicant received the Army Commendation Medal for the period 3 July 1984 to 1 January 1986.  Therefore, his DD Forms 214 for the periods ending 22 November 1986 and 1 May 2004 should be corrected to show this medal. 
 
4.  Although the applicant contends that his prior foreign service shown on his DD Form 214 for the period ending 22 November 1986 should be shown in item 12f on his DD Form 214 for the period ending 1 May 2004, the governing regulation states that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.  Therefore, there is no basis for granting the applicant’s request.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

CG_____  _RS_____  __KJ____  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:

	a.  amending his DD Form 214 for the period ending 22 November 1986 to add the Army Commendation Medal; 

	b.  by deleting the entry in item 12f on his DD Form 214 for the period ending 1 May 2004; 

	c.  by adding the entry, “0000 05 14” in item 12f on DD Form 214 for the period ending 1 May 2004; 

	d.  adding the entry, "SERVICE IN IRAQ FROM 20030410 TO 20030924” in item 18 on DD Form 214 for the period ending 1 May 2004; and 

e.  amending DD Form 214 for the period ending 1 May 2004 to add the Army Commendation Medal and the GWOTEM.
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 amending his DD Form 214 for the period ending 1 May 2004 to show any prior foreign service.




__Curtis Greenway_____
          CHAIRPERSON




INDEX

CASE ID
AR20070000858
SUFFIX

RECON

DATE BOARDED
20070802
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
107.0000
3.

4.

5.

6.