IN THE CASE OF:	 

		BOARD DATE:	  9 October 2008

		DOCKET NUMBER:  AR20080009361 


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 foreign service be entered into his separation document (DD Form 214), as well as the Iraq Campaign Medal.

2.  The applicant states that he served in Iraq from September or October 2004 to 30 June 2005, at which time he was sent to Germany on his way back from Iraq.

3.  The applicant provides his separation document (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was a Reservist assigned to a troop program unit when he was ordered to active duty in support of Operation Iraqi Freedom.  

2.  He served on active duty from 9 August 2004 to 1 October 2005.  He was honorably released from active duty due to personality disorder.  

3.  The DD Form 214 issued to the applicant shows the Global War on Terrorism Expeditionary Medal, but does not list the Iraq Campaign Medal or any foreign service.

4.  In the processing of this case the Board’s staff contacted the Defense Finance and Account Service (DFAS) which confirmed that the applicant received imminent danger pay in Southwest Asia (Iraq) from 1 October 2004 to 31 October 2005.

5.  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. 

6.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  

7.  This regulation further provides, in pertinent part, that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show “Service in (name of country deployed) From (inclusive dates for example, YYYYMMDD – YYYMMDD).”

8.  In the processing of this case the Board’s staff contacted the applicant, informed him that he could not have both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal, and asked whether he still wanted the Iraq Campaign Medal since it would result in the deletion of his Global War on Terrorism Expeditionary Medal.  The applicant said he wanted to keep the Global War on Terrorism Expeditionary Medal.  As such, this portion of the applicant’s request will not be further discussed in these proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has requested that his foreign service be entered into his
DD Form 214 based on his service in Iraq from September or October 2004 to
30 June 2005.

2.  DFAS has stated that the applicant received imminent danger pay from 1 October 2004 to 31 October 2005.  

3.  Since the applicant was released from active duty on 1 October 2005, the dates the applicant received imminent danger pay is obviously in error.  The applicant could not have been in Iraq on 1 October 2005 and be released from 
active duty on the same day.  This is further supported by the applicant’s statement that he was sent from Iraq to Germany before he was returned to the United States, and the applicant’s statement that he left Iraq in June 2005.

4.  Since foreign service entries on a DD Form 214 are exact dates, and there is no evidence to show the exact dates the applicant served in Iraq, there is insufficient documentation in which to grant the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________X_____________
       	   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.


6.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

7.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

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.  showing 1 year, 1 month, and 1 day of foreign service in Item 12f;
   
   b.  entering “Iraq 1 October 2004 to 31 October 2005” in Item 18;  and
   
   c.  adding the Global War on Terrorism Service Medal in Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized.

ABCMR Record of Proceedings (cont)                                         AR20080009361



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ABCMR Record of Proceedings (cont)                                         AR20080009361



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