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ARMY | BCMR | CY2008 | 20080002380
Original file (20080002380.txt) Auto-classification: Approved

	IN THE CASE OF:	   

	BOARD DATE:	  24 June 2008

	DOCKET NUMBER:  AR20080002380 


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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his overseas service in Iraq and the award of service medals for this service.  He also requests correction of his records to show completion of the Primary Leadership Development Course (PLDC).

2.  The applicant states that he was deployed twice to Iraq and has completed the PLDC.

3.  The applicant provides copies of his DD Form 214, Service School Academic Evaluation Report, PLDC Diploma, Soldier Deployment History Outprocessing Report, and deployment orders.

CONSIDERATION OF EVIDENCE:

1.   On 31 August 2000, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 15Q1P (Air Traffic Control Operator with parachutist qualification).

2.  Permanent Orders 341-00012, United States Army Aviation Center and Fort Rucker, Alabama, dated 6 December 2000, awarded the applicant the Aviation Badge for successful completion of the Air Traffic Control Operators Course. 

3.  On 21 June 2001, the applicant was assigned for duty with the 1st Battalion, 58th Aviation Regiment at Fort Bragg, North Carolina.
4.  Records show that the applicant served two tours of duty in Iraq.  The first tour was from 25 October 2002 to 1 June 2003 and the second tour was from 
7 September 2003 to 6 April 2004.

5.  On 23 September 2004, the applicant completed the PLDC.  He exceeded the course standards and was placed on the Commandant’s List for his achievement.

6.  On 30 August 2005, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist, pay grade E-4, and had completed 5 years of creditable active service.

7.  Item 12 (Record of Service) of the applicant’s DD Form 214 does not show his overseas service.  Item 18 (Remarks) of this same document, does not contain the periods of his overseas service.  

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the National Defense Service Medal, Army Commendation Medal (2nd Award), Army Achievement Medal, Army Good Conduct Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Parachutist Badge, and the Pathfinder Badge. 

9.  Item 14 (Military Training) of the applicant’s DD Form 214 shows that he completed the Air Traffic Control Operator Course.  It does not show completion of the Primary Leadership Development Course in September 2004.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  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. 

11.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Liberation of Iraq, 19 March 2003 to 1 May 2003, and the Transition of Iraq, 2 May 2003 to 28 June 2004, campaigns during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

12.  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 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes 

standardized policy for preparing and distributing the DD Form 214.   It provides, in pertinent part, that the total amount of foreign service completed during the current period of active service will be entered in block 12f (Foreign Service).  It further provides that active duty Soldiers deployed with their unit will have the following entered in Item 18 (Remarks): "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal.  Therefore, his records should be corrected to show this award.

2.  The evidence clearly shows that the applicant served in Iraq during a qualifying period for award of the Iraq Campaign Medal.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant participated in two campaign periods during his service in Iraq.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Iraq Campaign Medal.

4.  Records show the applicant completed two overseas tours to Iraq.  Therefore, his records should be corrected to show award of the Overseas Service Ribbon with the Numeral 2.

5.  Records show that the applicant completed the PLDC in September 2004.  Therefore, his records should be corrected to show this training.

6.  Records show that the applicant served in Iraq from 25 October 2002 to 
1 June 2003; and again from 7 September 2003 to 6 April 2004.  Therefore, his records should be corrected to show his foreign service. 

BOARD VOTE:

___X____  ___X ___  ____X___  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, in particular his 
DD form 214, be corrected by:

	a.  showing in Item 12f his foreign service as 1 year, 2 months, and 
7 days;

	b.  showing in Item 18 the following remark: “SERVICE IN IRAQ FROM 20021025 - 20030601 and 20030907 - 20040406"; and

	c.  showing in addition to the awards already shown on his DD Form 214, that his awards include the Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal with two bronze service stars, and the Overseas Service Ribbon with Numeral 2.



	_________X______________
      	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)                                         AR20070015723



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ABCMR Record of Proceedings (cont)                                         AR20080002380



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