IN THE CASE OF:	  

		BOARD DATE:	        5 March 2009

		DOCKET NUMBER:  AR20080018402 


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. 

2.  The applicant states that he served in Iraq with the 2nd Battalion, 504th Infantry, from 1 June 2007 to 21 July 2008 and that this period of service in not shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, dated 23 October 2008; and a copy of his Soldier Deployment History Outprocessing Report, dated 24 September 2008 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 4 years on 13 July 2004.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 23 October 2008.  The highest rank/grade he held during his military service was sergeant (SGT)/E-5.

2.  Item 12f (Foreign Service) of the DD Form 214 he was issued at the time of his separation shows he completed 11 months and 6 days of foreign service.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Afghanistan Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Combat Infantryman Badge, and the Parachutist Badge.  

4.  Item 18 (Remarks) of this DD Form 214 shows he served in Afghanistan from 12 April 2005 to 17 March 2006.  Item 18 does not show service in Iraq. 

5.  The applicant submitted a copy of his Soldier Deployment History Outprocessing Report, dated 24 September 2008, that shows he served in Afghanistan from 8 April 2005 to 5 March 2006 and in Iraq from 1 June 2007 to 21 July 2008.  

6.  An electronic mail (e-mail) from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 14 January 2009, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 April 2005 to 31 March 2006 for his service in Afghanistan and 1 June 2007 to 31 July 2008 for his service in Kuwait/Iraq.

7.  HFP/IDP is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

8.  Review of the applicant’s records indicates his entitlements to additional awards which are not shown on his DD Form 214.

9.  Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Order Number 167-10, dated 23 October 2008, shows the applicant was awarded the Army Commendation Medal for meritorious service from 17 December 2004 to 23 October 2008.


10.  Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Order Number 93-07, dated 25 July 2008, shows the applicant was awarded the Army Commendation Medal for meritorious service from 5 June 2007 to 25 July 2008 solely to recognize his service during Operation Iraqi Freedom (OIF).

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced individual training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that 
the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, the “Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (Name of County Deployed) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD).”

12.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of 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.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. 
No service member will be entitled to both medals for the same act, achievement 
or period of service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  


	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties;

	b.  is wounded or injured and requires medical evacuation from the area of eligibility; or 
	
	c.  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

13.  A directive issued by the Department of Defense on 16 April 2008 designated four campaigns with the Iraq Campaign Medal (the Liberation of Iraq, 19 March 2003 to 1 May 2003; the Transition of Iraq, 2 May 2003 to 28 June 2004; the Iraq Governance, 29 June 2004 to 15 December 2005; and the National Resolution, 16 December 2005 to a date to be determined).  It also designated three campaigns with the Afghanistan Campaign Medal (the Liberation of Afghanistan, 11 September 2001 to 30 November 2001; the Consolidation I, 1 December 2001 to 30 September 2006; and the Consolidation II, 1 October 2006 to a date to be determined).  Furthermore, the awards regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal and/or the Afghanistan Campaign Medal for participation in each campaign.

14.  Army Regulation 600-8-22 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.

15.  Army Regulation 600-8-22 further states that 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 are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's foreign service in Iraq, since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area, and since the applicant's pay records show that he received 

HFP/IDP from 1 June 2007 to 31 July 2008, it appears that the applicant's service from 1 June 2007 to 21 July 2007 as shown on his Soldier Deployment History Outprocessing Report is consistent with his pay records at DFAS.  Therefore, in addition to his 11 months and 6 days of foreign service in Afghanistan, there is sufficient evidence to show he also completed 1 year, 1 month, and 21 days of foreign service in Kuwait/Iraq from 1 June 2007 to 21 July 2008.  Therefore, he is entitled to correction of his DD Form 214 to include this period of foreign service.

2.  The applicant's foreign service in Iraq from 1 June 2007 to 21 July 2008 also qualifies him for award of the Iraq Campaign Medal.  Furthermore, the applicant participated in one campaign (Consolidation II) while serving in Iraq.  Therefore, he is entitled to correction of his record to show award of the Iraq Campaign Medal with one bronze service star.

3.  The applicant’s records show he was awarded one Overseas Service Ribbon, presumably for his recognized service in Afghanistan.  By regulation, he is entitled to award of a second Overseas Service Ribbon for his service in Iraq.  Therefore, his already awarded Overseas Service Ribbon should be affixed with the numeral “2.”

4.  Permanent Orders awarded the applicant two awards of the Army Commendation Medal for meritorious service, one of which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal (1st oak leaf cluster).

5.  The evidence of record shows that the applicant served in Afghanistan from 12 April 2005 to 17 March 2006 and was awarded the Afghanistan Campaign Medal.  Additionally, his records show he participated in one campaign (Consolidation I) during his service in Afghanistan.  Therefore, he is entitled to correction of his record to show award of the Afghanistan Campaign Medal with one bronze service star.

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.  deleting the entry “0000  11  06” from Item 12f of the applicant’s DD Form 214 and replacing it with the entry “0002  00  27;”

	b.  deleting the "Army Commendation Medal" from Item 13 of his DD Form 214 and replacing it with the entry "Army Commendation Medal (1st Oak Leaf Cluster);”

	c.  deleting the "Afghanistan Campaign Medal" from Item 13 of his DD Form 214 and replacing it with the entry "Afghanistan Campaign Medal with one bronze service star;”

	d.  deleting the “Overseas Service Ribbon” from Item 13 of his DD Form 214 and replacing it with the entry “Overseas Service Ribbon with Numeral 2;”

	e.  adding the "Iraq Campaign Medal with one bronze service star;" and

	f.  adding the entry “SERVICE IN KUWAIT/IRAQ FROM 20070601 – 20080721" to Item 18 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)                                         AR20080018402



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ABCMR Record of Proceedings (cont)                                         AR20080018402



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