IN THE CASE OF:
BOARD DATE: 8 July 2008
DOCKET NUMBER: AR20080006835
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:
a. Item 18 (Remarks) to show her service in Iraq from 27 February 2003 to 21 November 2003;
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), to show a third award of the Army Achievement Medal and the Iraqi Campaign Medal; and
c. Item 14 (Military Education) to show completion of the Combat Lifesaver Course on 30 June 2003 and the Drivers Training Course on 17 June 2002.
2. The applicant states, in effect, that her DD Form 214 contains administrative errors.
3. The applicant provides the following additional documentary evidence in support of her application:
a. DD Form 214, dated 1 November 2005.
b. Headquarters, 101st Airborne Division Orders 050-720, dated 19 February 2003, Unit Deployment Order.
c. Certificate, dated 16 September 2005, showing award of the Army Achievement Medal.
d. Certificates of Training, dated 30 June 2003, completion of the Combat Lifesaver Course; and 17 June 2002, showing completion of Drivers Training.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that she enlisted in the Regular Army for a period of 4 years on 26 July 2000. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 42A (Human Resources Specialist). Her records further show that she executed a 4-year reenlistment on 24 June 2004. The highest rank/grade she attained during her military service was sergeant (SGT)/E-5. She was honorably discharged for parenthood on 1 November 2005.
2. Item 13 of the applicants DD Form 214, shows she was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the Army Good Conduct Medal, the National Defense Service Medal, the Army Lapel Button, the Global War on Terrorism Service Medal, and the Army Service Ribbon. Item 13 does not show award of the Iraqi Campaign Medal.
3. The applicants records contain a certificate that shows she was awarded the Army Achievement Medal for meritorious achievement from 1 January 2002 to 5 April 2002, while assigned to the 101st Aviation Brigade, Fort Campbell, Kentucky. The certificate contains the Permanent Order Number 162-001, dated 11 June 2002.
4. The applicant submitted a copy of a certificate that shows she was awarded a second award of the Army Achievement Medal for meritorious service from 17 November 2004 to 1 November 2005, while assigned to the 32nd Signal Battalion, Germany. The certificate contains the Permanent Order Number 259-11, dated 16 September 2005.
5. Item 14 of the applicants DD Form 214 shows she completed the Human Resources Specialist Course in November 2000 and the S-1/PAC Supervisor Course in September 2002.
6. The applicant submitted two certificates of training that show she completed the Drivers Training Course, from 13 June 2002 to 17 June 2003, at Fort Campbell, Kentucky, and the Combat Lifesaver Training Course at Q-West Iraq on 30 June 2003.
7. Item 18 (Remarks) of the applicant's DD Form 214 does not list any service in a Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) area.
8. Section IX (Assignment Information) of the applicants Enlisted Record Brief (ERB), dated 20 July 2005, shows the applicant served with the 101st Aviation Brigade, Fort Campbell, Kentucky, from January 2001 to November 2004 and the 32nd Signal Battalion, Germany, from November 2004 to November 2005. Her ERB does not show service in Iraq.
9. An electronic mail (email) to the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, on 20 June 2008, confirmed the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 27 February 2003 to 21 November 2003.
10. Headquarters, 101st Airborne Division, Orders 050-720, dated 19 February 2000, show the 101st Aviation Brigade, Fort Campbell, Kentucky, was reassigned and deployed to the U.S. Central Command (CENTCOM) Area of Responsibility (AOR), in support of Operation Enduring Freedom, effective on or about 23 February 2003, and was placed under the operational control of CENTCOM for the duration of 179 days deployment.
11. The applicants certificate of training, dated 30 June 2003, shows that she completed the 40-hour Combat Lifesaver Course at Q-West, Iraq.
12. Part IV(c) (Values/NCO Responsibilities) of the applicants DA Form 2166-8 (NCO Evaluation Report) for the period December 2003 through April 2004 contains the entry adapts exceptionally well in an ever-changing, highly stressful environment during her deployment in Iraq, suggesting that she served in Iraq during the period covered by this NCO Evaluation Report.
13. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.
14. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that Item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service; Item 14 shows the Soldiers Military Education, from ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This item includes title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills; and Item 18 (Remarks) is used for mandatory requirements when a separate block is not available. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD YYYMMDD).
15. Hostile Fire/Imminent Danger Pay (HFP/IDP) is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was: subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.
16. 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. Service members qualified for the Global War on Terrorism Expeditionary Medal 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 the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement or period of service. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:
(1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating 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.
The following rules apply to award of the Iraq Campaign Medal: The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.
DISCUSSION AND CONCLUSIONS:
1. With respect to the applicants Army Achievement Medal, the evidence of records shows that the applicant was awarded two awards of the Army Achievement Medal: the one posted to her records (meritorious achievement from 1 January 2002 to 5 April 2002) and the one she provided (meritorious service from 17 November 2004 to 1 November 2005). Her DD Form 214 already shows two awards of the Army Achievement Medal. In the absence of documentation that shows she was awarded a third award, there is insufficient evidence to grant the applicant the requested relief.
2. With respect to the applicants training courses, Army Regulation 635-5 requires the listing of formal training courses successfully completed during the period of the DD Form 214. A formal school course is defined as a course operated to support Army-wide requirements as distinguished from a course operated by a major command for the benefit of that command. All courses described in Department of the Army Pamphlet 351-4 (Army Course Catalog Introduction) are formal courses. The applicants Combat Lifesaver Course is a formal course; however, her Drivers Training Course is not. Therefore, she is entitled to correction of her records to show completion of the Combat Lifesaver Course.
3. With respect to the applicants service in Iraq, her deployment order shows she was a member of a unit that was ordered to deploy on or 19 February 2003 for 179 days. Her certificate of training shows she completed the 40-hour Combat Lifesaver Course in Iraq in June 2003. DFAS confirmed that she served in an HFD/IDP area. Therefore, there is sufficient evidence to correct the applicant's records to show she served in Iraq from 27 February 2003 to 21 November 2003, which also qualifies her for award of the Iraq Campaign Medal.
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 adding the entry "Combat Lifesaver Course, 1 week, 2003" to Item 14 of the applicant's DD Form 214, dated 1 November 2005; adding the entry "Service in Iraq from 27 February 2003 to 21 November 2003" to Item 18 of her DD Form 214; and award of the Iraq Campaign Medal.
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 adding an additional award of the Army Achievement Medal or adding the Drivers Training Course.
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) AR20080006835
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