IN THE CASE OF:	  

		BOARD DATE:	  	  29 July 2008

		DOCKET NUMBER:  AR20080005900 


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 correction of item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat area service.  He also requests correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show an unspecified medal for his deployment and to show award of the Army Good Conduct Medal.  

2.  The applicant states that he served with the 74th Engineer Company at Fort Hood, Texas.  His unit was deployed with the 4th Infantry Division from Fort Hood, Texas.  He states that he was in combat zones in Iraq from April 2003 to September 2003.  He was “stop-loss” for 3 months and served for over 3 years with perfect conduct.  He returned while his company was still deployed and he had a limited amount of time to out-process with no assistance.  

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s complete military records are not available to the Board.  However, there were sufficient documents on PERMS [Personnel Electronic Records Management System] for the Board to conduct a fair and impartial review of this case.  

2.  The applicant enlisted in the Regular Army on 5 September 2000 for a period of 3 years.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 92Y (unit supply specialist).  

3.  He was promoted to specialist, E-4 on 1 October 2002.  There is no evidence he was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.

4.  The applicant was honorably released from active duty on 20 December 2003 in the rank of specialist, E-4.  He completed 3 years, 3 months, and 16 days of active military service with no days of lost time.  

5.  The applicant’s DD Form 214 does not show any foreign service in 12f or item 18 (Remarks).

6.  His DD Form 214 shows the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon as authorized awards.  

7.  In a 29 April 2008 email, the Defense Finance and Accounting Service (DFAS) informed a Board staff member that the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) from 1 April 2003 through 31 August 2003.

8.  The applicant elected to be awarded the GWOTEM on 10 July 2008 by phone conversation with the Board analyst.

9.  Army Regulation 635-5 (Separation Documents) directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.

10.  Army Regulation 635-5 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.

11.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (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.


12.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.

13.  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.  Service members qualified for the GWOTEM 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 Global War on Terrorism Expeditionary Medal (GWOTEM) for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

14.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served in combat zones in Iraq from April 2003 to September 2003.  

2.  The applicant’s military pay records at DFAS show he received HFP/IDP from 1 April 2003 through 31 August 2003.  This evidence is accepted as sufficient as a basis to amend his DD Form 214 to show foreign service in item 12f.  Therefore, item 12f on his DD Form 214 should be amended to reflect 5 months of foreign service.  In addition, item 18 should be amended to reflect the entry "SERVICE IN IRAQ FROM 20030401 - 20030831.”


3.  The applicant served a period of qualifying service in support of Operation Iraqi Freedom for award of the GWOTEM, the GWOTSM, and the Iraq Campaign Medal.  However, the Military Awards regulation directs that 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.  The applicant stated that he preferred award of the GWOTEM.  Therefore, item 13 on his DD Form 214 should be amended to reflect award of the GWOTEM and the GWOTSM.

4.  There is no evidence of record which shows the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 5 September 2000 through 4 September 2003.  The applicant did not receive any disciplinary actions and was promoted to specialist during this period of service.

5.  It appears that the applicant has met the requirements for the first award of the Army Good Conduct Medal for the period 5 September 2000 through 4 September 2003.

BOARD VOTE:

___xx___  ___xx___  __xx____  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 the DD Form 214 of the individual concerned be corrected by:

		a.  adding the entry “0000 05 00” to item 12f;

		b.  adding the entry "SERVICE IN IRAQ FROM 20030401 - 20030831" to item 18;

		c.  awarding him the first award of the Army Good Conduct Medal for the period 5 September 2000 through 4 September 2003; and 


		d.  adding the GWOTEM, the GWOTSM, and the Army Good Conduct Medal to item 13.




      _______ _  xxxx____   ___
       	   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)                                         AR20080005900





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ABCMR Record of Proceedings (cont)                                         AR20080005900



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