IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20070010162 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his deployment to Kuwait and Baghdad, Iraq, two Army Achievement Medals, one Overseas Service Ribbon, the Army Commendation Medal, the Driver Badge and the Combat Action Badge be included on his Certificate of Release or Discharge from Active Duty (DD Form 214).  He also requests that the nearest relative information reflected on his DD Form 214 be changed.

2.  The applicant states that here are several things that were omitted from his DD Form 214.  He states that his DD Form 214 needs to be updated to include his deployments to Kuwait and Baghdad, Iraq; and that the awards and achievements reflected on his DD Form 214 should be brought up to date.

3.  The applicant provides in support of his application, a copy of Permanent Orders Number 009-404 dated 9 January 2004, awarding him the Army Commendation Medal; a copy of Permanent Order 010-1 dated 10 January 2006, awarding him the Army Commendation; a copy of Permanent Order 
097-07 dated 7 April 2004, awarding him the Army Achievement Medal; a copy of Permanent Order Number 004-02 dated 4 January 2005, awarding him the Army Achievement Medal; a copy of a Memorandum for Record dated 9 June 2004, showing that he is authorized to wear shoulder sleeve insignia for former wartime service; a copy of and unsigned, undated Travel Voucher authorizing an electronic fund transfer payment; a copy of Orders 106-26 dated 16 April 2003, directing his temporary change of station from Germany to Kuwait; a copy of his 

Post-Deployment Health Assessment; a copy of Permanent Order 337-01 dated 2 December 2004, awarding him the Driver Badge; a copy of his DD Form 214; and a copy of a Certificate of Appreciation dated 22 March 2004.

CONSIDERATION OF EVIDENCE:

1.  On 14 August 2002, the applicant enlisted in the Regular Army in Beckley, West Virginia, for 3 years, in the pay grade of E-1.  He successfully completed his training as a cannon crewmember.  He extended his 3-years enlistment for an additional 6 months on 26 November 2002.

2.  Orders 106-26 were published on 16 April 2003 directing the temporary change of station for personnel and equipment to move from Germany to Kuwait in order to provide continued support to Operation Enduring Freedom preparatory task and possible future contingencies.  The orders show an effective date of on or about 26 April 2003 through 25 April 2005.

3.  The Post-Deployment Health Assessment that the applicant submitted in support of his application shows that he arrived at Camp New Jersey, Kuwait, on 2 May 2003 and that he arrived in Baghdad, Iraq on 18 May 2003.

4.  On 9 January 2004, Permanent Order Number 009-404 was published awarding the applicant the Army Commendation Medal for exceptional service while assigned as a gun driver conducting combat operations against paramilitary forces in Baghdad, Iraq, from 29 April 2003 to 30 April 2004.

5.  On 22 March 2004, the applicant earned a Certificate of Appreciation for his heroism, loyalty, sacrifice, and will to accomplish the mission while deployed to Baghdad, Iraq.

6.  In a Memorandum for Record dated 9 June 2004, the applicant was authorized to wear shoulder sleeve insignia for the overseas bars.  The memorandum also certifies that he served in support of the 1st Armored Division Task Force during Operation Iraqi Freedom from 29 April 2003 to 8 July 2004.

7.  Permanent Order 337-01 was published on 2 December 2004 awarding the applicant the Driver Badge for driving 12 consecutive months with no Army motor vehicle accident or traffic violation from 1 March 2003 to 1 March 2004.

8.  On 4 January 2005, Permanent Order Number 004-02 was published awarding the applicant the Army Achievement Medal for meritorious service while assigned to Alpha Battery, 4th Battalion, 27th Field Artillery Regiment from 10 January 2003 to 9 January 2005. 
9.  There appears to be a typographical error in the year that Permanent Order 097-07 (7 April 2004) was published.  It is believed that Permanent Order 097-07 was published on 7 April 2005, awarding the applicant the Army Achievement Medal for meritorious achievement during the 2nd Battalion, 2nd Field Artillery's semi-annual top gun competition from 4 April 2005 to 6 April 2005.

10.  On 10 January 2006, Permanent Order 010-1 was published awarding the applicant the Army Commendation Medal for meritorious service while serving as a driver and ammunition handler from 7 February 2005 to 13 February 2006.

11.  The applicant was honorably released from active duty (REFRAD) on 12 February 2006, upon the completion of his required active service.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, and the Global War on Terrorism Service Medal.  His DD Form 214 also shows the name and address of his nearest relative at the time of his REFRAD.  However, his DD Form 214 does not show either of his two Army Achievement Medals, his second Army Commendation Medal, his Drivers Badge or the place and dates that he served in a hostile fire zone.

12.  Electronic mail received from the Defense Finance and Accounting Service (DFAS) dated 23 April 2008, indicates that the applicant was receiving hazardous duty pay while he was in Kuwait from 29 April 2003 to 30 April 2004.

13.  A review of the available records does not show that the applicant was ever awarded the Combat Action Badge.

14.  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.

15.  Army Regulation 535-5 also provides that block 18 (REMARKS) on the DD Form 214 will be used for Headquarters Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14.  "DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS" is a mandatory entry.  "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is also a mandatory entry.  For 



an active duty soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included.

16.  Army Regulation 600-8-22 (Military Awards) 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

17.  Army Regulation 600-8-22 (Military Awards) 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.

18.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 19 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  It appears that errors were made during the preparation of the applicant's DD Form 214 which resulted in the omission of his second award of the Army Commendation Medal and both of his awards of the Army Achievement Medal.



2.  He was awarded his second award of the Army Commendation Medal in Permanent Order 010-1 on 10 January 2006.  He was awarded his first award of the Army Achievement Medal in Permanent Orders Number 004-02 on 4 January 2005, and he was awarded his second award of the Army Achievement Medal in Permanent Order 097-07 on 7 April 2005.  Therefore, it would now be appropriate to include these awards on his DD Form 214.

3.  Permanent Order 337-01 was published on 2 December 2004 awarding the applicant the Driver Badge and this award should also be included on his DD Form 214.

4.   In accordance with Army Regulation 600-8-22, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award of the Overseas Service Ribbon for successful completion of overseas tours.  Inasmuch as the applicant successfully completed his overseas tour of duty in Iraq, he is entitled to be awarded the Overseas Service Ribbon.

5.  Although Orders 106-26 were published directing the applicant's unit a temporary change of station to Kuwait on or about 23 April 2003, in order to provide continued support to Operation Enduring Freedom, the available records suggest that he was deployed to Iraq from 29 April 2003 to 30 April 2004 in support of Operation Iraqi Freedom.  Additionally, information obtained from the DFAS shows that he was receiving hazardous duty pay from 29 April 2003 to 30 April 2004.  Therefore, it would be proper to amend his DD Form 214 to show that he had service in Kuwait/Iraq from 29 April 2003 to 30 April 2004.

6.  The available records fails to show that orders were ever published awarding the applicant a Combat Actions Badge.  While the available evidence is insufficient for awarding the applicant a Combat Action Badge, this in no way affects the applicant's right to pursue his claim for the Combat Action Badge by submitting a request through his Member of Congress under the provisions of 10 United States Code 1130.

7.  The applicant has provided an insufficient justification for changing the nearest relative information that is currently reflected on his DD Form 214.  At the time of his separation, he provided the name and address of his nearest relative, which is in accordance with Army Regulation 635-5.  The fact that may now have a desire to list a different individual or the address of the individual concerned may have changed is not a basis for changing the information that is currently reflected on his DD Form 214 as the nearest relative.


8.  In view of the forgoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 to show that he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the Driver Badge, and the Overseas Service Ribbon; and
      
      b)  amending block 18 (Remarks) on his DD Form 214 to include the phrases "SERVICE IN KUWAIT/IRAQ FROM 29 APRIL 2003 to 30 APRIL 2004, SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE," and "DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS."

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 to change the nearest relative information and to include the Combat Action Badge.



      ___        XXX                ___
                CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20070010162



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ABCMR Record of Proceedings (cont)                                         AR20070010162



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