IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080008741 


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, that item12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served 2 years and 17 days of foreign service (1 year in Iraq and 1 year in Korea).  He also requests that the Bronze Star Medal, the Army Commendation Medal, the Iraq Campaign Medal, and the Overseas Service Ribbon be added to his DD Form 214.  

2.  The applicant states that his DD Form 214 was prepared before the majority of the above information was available to him.

3.  The applicant provides his DD Form 214; 3d Medical Command Permanent Orders Number 131-015, dated 11 May 2007, and the first page of the related DA Form 638 (Recommendation for Award); 3d Medical Command Permanent Orders Number 096-01, dated 6 April 2006, and the first page of the related DA Form 638; and a memorandum for record, dated 17 August 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 January 2003.

2.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 7 September 2003 through 6 September 2004 (1 year).

3.  3d Medical Command Permanent Orders Number 096-01, dated 6 April 2006, awarded the applicant the Army Commendation Medal.
4.  3d Medical Command Permanent Orders Number 131-015, dated 11 May 2007, awarded the applicant the Bronze Star Medal for meritorious service while serving in Operation Iraqi Freedom during the period 1 September 2006 to        10 August 2007 (11 months and 9 days).

5.  The applicant provided a memorandum for record, dated 17 August 2007, from Headquarters and Headquarters Company, Task Force 3d Medical Command, Baghdad, Iraq, showing he was authorized the Iraq Campaign Medal, the Overseas Service Ribbon, two overseas service bars, and the 3d Medical Command Shoulder Sleeve Insignia – Former Wartime Service for service during Operation Iraqi Freedom for the period 26 August 2006 through 17 August 2007 (11 months and 22 days).

6.  The applicant was released from active duty on 29 November 2007.  His DD Form 214 shows he was awarded the Army Achievement Medal (3d Award), the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korean Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, and the Army Service Ribbon.

7.  Item 12f of the applicant’s DD Form 214 shows he performed 1 year and      17 days of foreign service.  Item 18 (Remarks) does not show he served on any deployments.

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.

9.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, to be worn on the appropriate campaign or service medal, such as the Iraq Campaign Medal.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

11.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

12.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service participating in Operation Iraqi Freedom, the CENTCOM area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined.  The months of arrival to and departure from the CENTCOM area of operations will count as a whole month for credit toward the overseas service bar.

13.  Army Regulation 670-1 states authorization to wear a shoulder sleeve insignia indicating former wartime service applies only to Soldier who are assigned to U. S. Army units which meet all the following criteria:  (1) the theater or area of operation to which the unit is assigned must have been declared a hostile environment; (2) the units must have actively participated in or supported ground combat operations against hostile forces in which they were exposed to the threat of enemy action or fire either directly or indirectly; (3) the military operation normally must have lasted for a period of 30 days or longer; and (4) the authorization for wear musts be approved by the Chief of Staff of the Army.

14.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation 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 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Item 12f of the applicant’s DD Form 214 shows he served 1 year and 17 days of foreign service.

2.  The available evidence of record shows the applicant served 1 year in Korea. Other than his DD Form 214, there is no other evidence of record to indicate he served 1 year and 17 days of service in Korea.  In addition, it is noted that the applicant himself indicated he served 1 year in Korea.

3.  The available evidence of record also shows that the applicant served either   11 months and 9 days or 11 months and 22 days of service in Iraq.  There is no evidence of record and the applicant did not provide any to show he served        1 year in Iraq.  The applicant should be credited with the period of greater service (i.e., 11 months and 22 days), and item 12f of his DD Form 214 should be amended to show he served 1 year, 11 months, and 22 days of foreign service.

4.  Item 18 of the applicant’s DD Form 214 should also be amended to show he deployed to Iraq from 26 August 2006 through 17 August 2007.

5.  The applicant provided sufficient evidence to show he was awarded the Bronze Star Medal and the Army Commendation Medal.  These awards should be added to his DD Form 214.

6.  The applicant met the eligibility criteria for award of the Iraq Campaign Medal with one bronze service star.  This award should be added to his DD Form 214.

7.  The evidence of record shows the applicant completed an overseas tour in Korea (12 months is the normal tour) and 9 consecutive months in Iraq for tour completion credit for that period of overseas service.  Therefore, his DD Form 214 should be amended to add the Overseas Service Ribbon (Numeral 2).

8.  Although the applicant is authorized to wear two overseas service bars and the 3d Medical Command Shoulder Sleeve Insignia – Former Wartime Service, these two items are items of uniform wear and are not awards authorized for entry on the DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  __xx____  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.  amending item 12f of his DD Form 214 to show he served 1 year, 
11 months, and 22 days of foreign service;

     b.  amending item 18 of his DD Form 214 to show he deployed to Iraq from  26 August 2006 through 17 August 2007; and

     c.  adding the Bronze Star Medal, the Army Commendation Medal, the Iraq Campaign Medal with one bronze service star, and the Overseas Service Ribbon (Numeral 2) to his DD Form 214.

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 amending item 12f of his DD Form 214 to show he served 2 years and 17 days of foreign service.




      _______ _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)                                         AR20080008741





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ABCMR Record of Proceedings (cont)                                         AR20080008741



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