RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070005265 


	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. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

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 that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect 11 months and 17 days of additional Foreign Service for the time he served in support of Operation Iraqi Freedom (OIF).  He also requests that the Army Achievement Medal (2nd Award) and the Army Commendation Medal be added to his DD Form 214.

2.  The applicant states that he served a tour in Iraq and that the time was never included on his DD Form 214.  He states that he was also awarded two Army Achievement Medals and one Army Commendation Medal.

3.  The applicant provides in support of his application a copy of his DD Form 214; a copy of Orders Number 278-08 dated 5 October 2005, deploying him to Iraq in support of OIF; a copy of Permanent Order Number 318-01 awarding him the Army Achievement Medal; a copy of a Recommendation For Award of the Army Achievement Medal dated 24 September 2004; a copy of Permanent Order Number 288-02 awarding him the Army Achievement Medal; a copy of a Recommendation For Award of the Army Commendation Medal (undated); and a copy of Permanent Order Number 218-24 awarding him the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  On 2 July 2002, the applicant enlisted in the Army in Los Angeles, California, for 4 years, in the pay grade of E-1.  He successfully completed his training as an administrative specialist.

2.  The available records indicate that the applicant was at Camp Casey, Korea, when Permanent Order Number 288-02 was published on 15 October 2003, awarding him the Army Achievement Medal for meritorious achievement while serving as the Battalion Noncommissioned Officer Evaluation Report Clerk from 28 August 2003 to 25 September 2003.

3.  Permanent Order Number 318-01 was published on 14 December 2003, awarding the applicant the Army Achievement Medal for meritorious service while serving as the Battalion Noncommissioned Officer Evaluation Report Clerk from 5 December 2002 to 2 December 2003, while he was at Camp Casey, Korea.


4.  On 5 October 2005, Orders Number 278-08 was published deploying the applicant to Iraq in support of OIF effective 28 November 2005 for a period of 1 year.

5.  The available records further show that Permanent Order Number 218-24 was published awarding the applicant the Army Commendation Medal for exceptionally meritorious service while deployed in support of OIF for the period covering 29 November 2005 to 15 November 2006.

6.  The applicant was honorably released from active duty (REFRAD) on 16 February 2007, upon completion of his required service and he was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korea Defense Service Medal, and the Army Service Ribbon.  His DD Form 214 also shows that he had 1 year of Foreign Service while he was in the Army.  However, his DD Form 214 fails to show that he was awarded Army Achievement Medal (2nd Award); that he was awarded the Army Commendation Medal; and that he had 11 month and 17 days of foreign service in Iraq in support of OIF.

7.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The available records indicate that the applicant is entitled to have the Army Achievement Medal (2nd Award) included on his DD Form 214.

2.  Permanent Order Number 288-02 awarded the applicant his first award of the Army Achievement Medal.  Permanent Order Number 318-01 awarded him his second award of the Army Achievement Medal.  Therefore, these decorations should be included on his DD Form 214.

3.  The applicant was also awarded the Army Commendation Medal in Permanent Order Number 218-24.  Accordingly, his DD Form 214 should be amended to reflect this decoration.



4.  It appears that the Foreign Service currently reflected on the applicant's DD Form 214 pertains to his service in Korea.  However, he also served in Iraq for 11 months and 17 days in support of OIF.  Consequently, this service should also be included on his DD Form 214 in addition to the Foreign Service currently reflected.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

__JEV__  __TMR__  __JCR___  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 by:

a.  amending his DD Form 214 to show that he was awarded the Army Achievement Medal (Second Award) and the Army Commendation Medal; and 

b.  adding 11 months and 17 days of Foreign Service to the Foreign Service currently reflected on his DD Form 214.




   ___James E. Vick     __
          CHAIRPERSON




INDEX

CASE ID
AR20070005265
SUFFIX

RECON

DATE BOARDED
20080122
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/SEPARATION DOCUMENT
2.  1
110.0400/ADD APPROVED AWARDS
3.  251
120.0000/FOREIGN SERVICE CREDIT
4.

5.

6.