IN THE CASE OF:	  

		BOARD DATE:	       26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080017699 


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 deployment to Mosul, Iraq, in support of Operation Iraqi Freedom from 23 November 2003 through 28 February 2004.  He also requests award of the Global War on Terrorism Expeditionary Medal (GWOTEM) for service in Iraq.

2.  The applicant states, in effect, that his deployment to Mosul, Iraq, and the medal were omitted from his DD Form 214 due to an administrative error.

3.  The applicant provides a copy of his DD Form 214 and his deployment orders to Iraq in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 August 2000 for a period of 5 years.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 31B (military police).  His highest grade attained was specialist, E-4.

2.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Kosovo from 26 April 2002 through 3 November 2002.

3.  Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, Orders 309-468, dated 5 November 2003, show the applicant's unit, the 511th Military Police Company, was assigned to Mosul, Iraq, in support of Operation Iraqi Freedom on or about 10 November 2003 for a period of 179 days or until mission completion.  A roster of individuals deployed with the unit included the applicant's name.

4.  The applicant was honorably released from active duty on 30 August 2005 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, at the completion of his required active service.  He completed 5 years of active military service.

5.  His DD Form 214 shows he was awarded the North Atlantic Treaty Organization Medal, the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Kosovo Campaign Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar, and the Driver Mechanic Badge.

6.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 2 years, 8 months, and 10 days of foreign service.

7.  Item 18 of his DD Form 214 does not show he served in Iraq in support of Operation Iraqi Freedom.

8.  Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received imminent danger pay (IDP)/hostile fire pay (HFP) for service in Kuwait from 1 November 2003 through 29 February 
2004.

9.  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 block 18.

10.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.

11.  Army Regulation 600-8-22 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.  Service members qualified for the GWOTEM 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 GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his dates of deployment to Mosul, Iraq, in support of Operation Iraqi Freedom were from 23 November 2003 through 28 February 
2004.

2.  Orders published by Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, on 5 November 2003, show the applicant's unit was deployed in support of Operation Iraqi Freedom from on or about 10 November 2003.

3.  The applicant's records at DFAS show he received IDP/HFP from 1 November 2003 through 29 February 2004 (months of arrival to and departure from the HFP area are counted as whole months) for service in support of Operation Iraqi Freedom.

4.  The applicant's military pay records combined with his personal statements and deployment orders are accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 to show the entry "SERVICE IN IRAQ FROM 20031123 - 20040228."

5.  The applicant stated that he wanted award of the GWOTEM for service in Iraq.  Therefore, his DD Form 214 should be amended to reflect award of the GWOTEM.



BOARD VOTE:

_____X___  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending item 18 of his DD Form 214 to show the entry "SERVICE IN IRAQ FROM 20031123 – 20040228" and

	b.  adding the GWOTEM to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.



      ____________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)                                         AR20080017699



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ABCMR Record of Proceedings (cont)                                         AR20080017699



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