IN THE CASE OF:	  

		BOARD DATE:	        24 September 2008

		DOCKET NUMBER:  AR20080010875 


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) to show his service in Iraq.  He also requests that service medals, to include the Iraq Campaign Medal, the Overseas Service Ribbon, and an end-of-tour Army Achievement Medal, be added to his DD Form 214.  

2.  The applicant states that his DD Form 214 is missing his foreign service in Iraq and three military medals.  

3.  The applicant provides a Memorandum for Record, Subject:  Statement of Wartime Service, dated 31 October 2007; his DD Form 1351-2 (Travel Voucher or Subvoucher); his DA Form 7631 (Deployment Cycle Support (DCS) Checklist); his DD Form 2796 (Post-Deployment Health Assessment); and his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 April 2007 for a period of 3 years and 17 weeks.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 13B (cannon crewmember).  His highest pay grade held was private, E-2.

2.  A Memorandum for Record, Subject:  Statement of Wartime Service, dated
31 October 2007, shows the applicant was deployed to Iraq during Operation 
Iraqi Freedom from 21 October 2007 to 6 January 2008.  This document also shows that he was eligible for award of the Iraq Campaign Medal, the Overseas Service Ribbon, and the Army Achievement Medal as an end of tour award.  

3.  His DA Form 1351-2, undated, shows he departed Fort Hood, Texas on
20 October 2007 and arrived in Kuwait/Iraq on 21 October 2007. 

4.  His DA Form 7631, dated 20 November 2007, shows he arrived in-theater on 21 October 2007.

5.  Information obtained from the Defense Finance and Accounting Service (DFAS) on 9 September 2008 revealed that the applicant served in Kuwait and received imminent danger pay from 1 October 2007 through 30 December 2007.

6.  The applicant was honorably discharged on 14 May 2008 under the provisions of Army Regulation 635-200, paragraph 5-17 by reason of a condition, not a disability.  His DD Form 214 erroneously reflects the date he entered active duty as 14 May 2007 and that he completed 1 year, 1 month, and 11 days active military service.  

7.  His DD Form 214 shows the National Defense Service Medal and the Army Service Ribbon as authorized awards.

8.  His DD Form 214 does not reflect any foreign service in item 12f (Foreign Service) or deployment in item 18 (Remarks).

9.  There are no orders which indicate the applicant was awarded the Army Achievement Medal as an end-of-tour award.  

10.  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.

11.  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 policy for the preparation of the DD Form 214.  It states that, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

12.  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.  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 Operation Iraqi Freedom.  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).

13.  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.

14.  Army Regulation 600-8-22 provides that the Army Achievement Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  A Frequently Asked Questions document from the Human Resources Command (HRC), Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers’ eligibility for awards while deployed to Iraq.  The document states “Question:  Can I be awarded the OSR for being in Iraq?  Answer:  Soldiers are authorized to be awarded the OSR upon completion of a “normal overseas tour as IAW [in accordance with] AR [Army Regulation] 
614-30.”

16.  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 completed 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.”

DISCUSSION AND CONCLUSIONS:

1.  The Memorandum for Record, Subject:  Statement of Wartime Service, dated 31 October 2007, verifies the applicant was deployed with his unit to Iraq in support of Operation Iraqi Freedom from 21 October 2007 to 6 January 2008.  This document is accepted as sufficient evidence to amend his DD Form 214 to show his foreign service in Iraq.  Therefore, it would be appropriate to amend item 12f to reflect 2 months and 16 days of foreign service and to amend item 18 to include the entry “SERVICE IN IRAQ FROM 20071021 - 20080106.” 

2.  The applicant served a period of qualifying service in support of Operation Iraqi Freedom for award of the GWOTSM and the Iraq Campaign Medal with one bronze service star.  Therefore, his DD Form 214 should be amended to show the GWOTSM and the Iraq Campaign Medal with one bronze service star.

3.  Based on the correction in paragraph 1, above, the applicant has completed less than 3 months of foreign service.  In accordance with Army Regulation 
614-30, 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 completed short tour.  The applicant did not meet the minimum tour length credit for award of the Overseas Service Ribbon; therefore, he is ineligible for this award.

4.  There are no orders available which indicate the applicant was awarded the Army Achievement Medal.  Therefore, there is no basis for correcting his DD Form 214 to show the Army Achievement Medal.

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

	a.  amending item 12f to show the entry “0000 02 16”; 

	b.  amending item 18 to show the entry “SERVICE IN IRAQ FROM 20071021 - 20080106”; and

	c.  amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the GWOTSM and the Iraq Campaign Medal with one bronze service star.

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 award of the Overseas Service Ribbon and the Army Achievement Medal.



      ________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)                                         AR20080010875



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ABCMR Record of Proceedings (cont)                                         AR20080010875



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