IN THE CASE OF:	  

		BOARD DATE:	        11 DECEMBER 2008

		DOCKET NUMBER:  AR20080003853 


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 DD Form 214 be corrected to reflect his deployment to Iraq in support of Operation Enduring Freedom during the period of 9 April 2003 to 30 March 2004.

2.  The applicant states that his DD Form 214 does not reflect his deployment to Iraq and may have an effect on his Veterans benefits.

3.  The applicant provides copies of his awards of the Meritorious Service Medal (MSM), Army Commendation Medal (2d Oak Leaf Cluster) (ARCOM 2OLC), and copies of his deployment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in Raleigh, North Carolina, on 5 August 1985 for a period of 3 years and training as a motor transport operator.  He successfully completed his training and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 1 August 1996.

2.  On 27 February 2003, while serving with the 503d Military Police Battalion at Fort Bragg, North Carolina, orders were published by the XVIII Airborne Corps deploying the applicant with his unit to Iraq in support of Operation Enduring Freedom. 

3.  Information received by the staff of the Board from the Defense Finance and Accounting Service (DFAS) indicates that the applicant was paid hostile fire pay during the period of 1 April 2003 to 31 March 2004.  Hostile fire pay is paid in whole month increments only.  In other words, 1 day in theater qualifies for 1 month of hostile fire pay.

4.  The awards recommendation that served as the basis for his award of the ARCOM 2OLC indicates that the applicant was responsible for transporting supplies from Duhuk, Iraq to Mosul, Iraq during the period of 9 April 2003 to 1 February 2004.

5.  On 14 July 2005, the applicant was awarded the MSM for meritorious service during the period of 1 October 1995 to 1 October 2005.  It was his retirement award.

6.  On 30 September 2005, the applicant was honorably released from active duty (REFRAD) and was placed on the Retired List effective 1 October 2005.  He had served 20 years, 1 month and 26 days of total active service.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the ARCOM, the Joint Service Achievement Medal, the Army Achievement Medal (4th award), the Good Conduct Medal (5th award), the National Defense Service Medal 
(2nd award), the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Multi-National Force and Observers Medal, and the Driver and Mechanic Badge with Driver A Bar.  His award of the MSM was not included on that document.  Additionally, there is no indication of his combat service in Iraq. 

7.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that an entry will be made in the remarks section of the DD Form 214 to reflect the country/theater in which a Soldier has deployed, the Operation for which deployed and the period of deployment.  
8.  Army Regulation 600-8-22 (Military Awards) 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.  The Liberation of Iraq Campaign ran from 19 March 2003 to 1 May 2003 and the Transition of Iraq Campaign ran from 2 May 2003 to 28 June 2004.
9.  On 20 March 2003, the military invasion of Iraq began under the codename "Operation Iraqi Freedom."

DISCUSSION AND CONCLUSIONS:

1.  While the available records do not indicate with any degree of certainty the exact dates the applicant served in Iraq, information obtained from the DFAS indicates that he was paid hostile fire pay for the months of 1 April 2003 through 31 March 2004.

2.  Inasmuch as the applicant claims that he served in Iraq from 9 April 2003 to 30 March 2004, which is a period less than what the DFAS corroborates, it must be presumed that the applicant is the best/most reliable source to determine his dates of service in Iraq.  Accordingly, it would be in the interest of justice to correct his records to show that he served in Iraq during the period of 9 April 2003 to 30 March 2004.

3.  It is also noted that the applicant was awarded the MSM upon his retirement and that award was not included on his DD Form 214.  Accordingly, the award of the MSM should be added at this time as well.

4.  Additionally, the applicant served a tour in Iraq during two campaigns in support of military operations during a period that qualified for award of the Iraq Campaign Medal.  Accordingly, he is entitled to be awarded the Iraq Campaign Medal with two bronze service stars.

BOARD VOTE:

___X_____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his service in Iraq during the period of 9 April 2003 to 30 March 2004, by adding the MSM and the Iraq Campaign Medal with two bronze service stars to his DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.






      _______ _ 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)                                         AR20080003853



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ABCMR Record of Proceedings (cont)                                         AR20080003853



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