IN THE CASE OF:	  

	BOARD DATE:	  10 June 2008

	DOCKET NUMBER:  AR20080007067 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 9 February 2007 to show award of two Combat Action Badges; four Army Commendation Medals, one with "V" Device; and two Army Achievement Medals.

2.  The applicant states, in effect, that he was told it was too late to add the above awards to his DD Form 214 before signing it.

3.  The applicant provides his DD Form 214; Headquarters, 1st Infantry Division (ID) Permanent Orders 361-60, dated 27 December 2005; 3rd Corps Support Command Permanent Orders 161-057, dated 10 June 2006; Headquarters, 4th Brigade, 1st ID Permanent Orders 292-16, dated 21 October 2004; Headquarters, 4th Brigade, 1st ID Permanent Orders 340-08, dated 
12 December 2004; Headquarters, 601st Aviation Support Battalion Permanent Orders 179-04, dated 22 July 2005; Headquarters, 101st Sustainment Brigade Permanent Orders 156-02, dated 5 June 2006; Headquarters, 143rd Combat Support Sustainment Battalion Permanent Orders 258-02, dated 30 September 2006; and Headquarters, 101st Sustainment Brigade Permanent Orders 199-212, dated 18 July 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 August 2002.  He successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 92A (Automated Logistical Specialist).  
2.  On 8 February 2004, the applicant arrived in Iraq.

3.  Headquarters, 4th Brigade, 1st ID Permanent Orders 292-16, dated
21 October 2004, show that the applicant was awarded the Army Commendation Medal for meritorious service during the period 8 February 2004 through 
14 February 2005.

4.  Headquarters, 4th Brigade, 1st ID Permanent Orders 340-08, dated 
12 December 2004, show that the applicant was awarded the Army Commendation Medal with "V" Device for valor and exceptional meritorious achievement during combat operations against hostile forces on 5 July 2004.

5.  Headquarters, 601st Aviation Support Battalion Permanent Orders 179-04, dated 22 July 2005, show that the applicant was awarded the Army Achievement Medal for meritorious service during the period 10 February 2003 through 
10 June 2005.

6.  Headquarters, 1st ID Permanent Orders 361-60, dated 27 December 2005, show that the applicant was awarded the Combat Action Badge for the period 
5 January 2005.

7.  On 4 February 2005, the applicant departed Iraq.  He returned for a second tour in Iraq on 9 November 2005.

8.  Headquarters, 101st Sustainment Brigade Permanent Orders 156-02, dated 
5 June 2006, show that the applicant was awarded the Army Commendation Medal for meritorious achievement during the period 9 April 2006 through 
10 April 2006.

9.  3rd Corps Support Command Permanent Orders 161-057, dated 10 June 2006, show that the applicant was awarded the Combat Action Badge (Second Award) for the period 15 April 2006.

10.  Headquarters, 101st Sustainment Brigade Permanent Orders 199-212, dated 18 July 2006, show that the applicant was awarded the Army Commendation Medal 2nd Oak Leaf Cluster for meritorious service during the period 8 November 2005 through 24 October 2006.

11.  Headquarters, 143rd Combat Support Sustainment Battalion Permanent Orders 258-02, dated 30 September 2006, show that the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 
13 September 1906 (sic) through 15 September 1906 (sic).

12.  The applicant departed Iraq on 26 January 2006.

13.  On 9 February 2007, the applicant was honorably released from active duty after completing 4 years, 5 months, and 20 days of creditable active service.

14.  His DD Form 214 with the period ending 9 February 2007 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Army Overseas Service Ribbon.  Item 12f (Foreign Service) of his DD Form 214 shows the entries "0000" year(s), "11" month(s), and "11" day(s) (it does not show the total of amount of foreign service completed during two periods covered in Iraq) and item 
18 (Remarks) does not show his first deployment to Iraq.

15.  On 2 June 2008, the Defense Finance and Accounting Service (DFAS) verified that the applicant served in Iraq for the periods 8 February 2004 through 4 February 2005 and 17 November 2005 through 27 October 2006.

16.  Army Regulation 600-8-22 (Military Awards) 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.  Only one Combat Action Badge may be awarded during a qualifying period.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized preparation of the DD Form 214.  

18.  Army Regulation 635-5 states, in item 18 (Remarks), for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  

19.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal and the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded two Combat Action Badges for the same qualifying period.  Although, he was awarded these two awards, in accordance with Army Regulation 600-8-22 only one award of the Combat Action Badge is authorized (from 18 September 2001 to a date to be determined).  Therefore, his DD Form 214 should be amended to add only one award of the Combat Action Badge.

2.  Evidence of record shows that the applicant was awarded four awards of the Army Commendation, one with "V" Device, and two awards of the Army Achievement Medal.  His DD Form 214 should be amended to add these awards.

3.  The applicant's DD Form 214 does not show his second period of service in Iraq.  His DD Form 214 should be amended to read "0001" year(s), "11" month(s), and "09" day(s) in item 12f and to add "SERVICE IN IRAQ FROM 20040208-20050204" in item 18.

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.  deleting the entry "0000" year(s), "11" month(s), and "11" day(s) from item 12c of his DD Form 214; 

	b.  amending Item 12C of his DD Form 214 to add "0001" year(s), "11" month(s), and "09" day(s);

	c.  amending Item 13 of his DD Form 214 to add the Combat Action Badge, the Army Commendation Medal with "V" Device and 3 oak leaf clusters, and the Army Achievement Medal with 1 oak leaf cluster; and 

	d.  amending item 18 of his DD Form 214 to add "SERVICE IN IRAQ FROM 20040208-20050204."


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 two awards of the Combat Action Badge to his DD Form 214.



      ___   xxxxxxxxxx __
      	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)                                         AR20080007067



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007067



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1