DOCKET NUMBER:  AR20090000073 


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 Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 March 2004 be corrected to include the Iraq Campaign Service Medal with two bronze service stars.

2.  The applicant states he was physically deployed to Iraq in direct support of Operation Iraqi Freedom during the period from 9 March 2003 to 5 February 2004.  He states a previous Army Board for Correction of Military Records decision determined that the evidence he presented was sufficient to show he was authorized the Iraq Campaign Medal.

3.  The applicant provides, in support of his application, copies of his 
DD Form 214 with a separation date of 18 March 2004; his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 27 January 2006; his DD Form 215, dated 4 October 2007; his 
DD Form 214 with an effective date of 14 October 1970; his DD Form 215, dated 28 April 1994; and ABCMR Docket Number AR20060011845, dated 22 March 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the Regular Army on 10 January 1967.  He was released from active duty on 14 October 1970.  He had completed 3 years, 9 months, and 5 days of active service that was characterized as honorable.  He completed 1 year of enlisted service in the California Army National Guard from 20 August 1977 to 19 August 1978.   He enlisted in the U.S. Army Reserve (USAR) on 13 January 1980 for a period of 
6 years.  He accepted an appointment as a warrant officer one in the USAR 
on 9 June 1985.

2.  On 9 February 2003, the applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom.  Section 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Balad, Iraq during the period from 9 March 2003 to 5 February 2004.

3.  On 18 March 2004, the applicant was released from active duty and returned to his unit.  He had completed 1 year, 1 month, and 10 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 did not contain an entry for the Iraq Campaign Medal.

4.  On 7 October 2006, the applicant was placed on the Retired List in the grade of chief warrant officer four/pay grade W-4.

5.  In ABCMR Docket Number AR20060011845, dated 22 March 2007, it was determined the applicant was authorized the Iraq Campaign Medal.

6.  Two DD Forms 215, dated 27 January 2006 and 4 October 2007, have been issued for corrections to the applicant's DD Form 214 with a separation date of 18 March 2004.

7.  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.  

8.  MILPER (military personnel) Message Number 08-123, issued 30 April 2008 provided Iraq campaign phases and the inclusive dates.  This message also authorizes one bronze service star to be worn on the suspension and campaign ribbon of the Iraq Campaign Medal for one or more days of participation in each designated campaign phase.  Based on the applicant's period of service in Iraq he served in the Liberation of Iraq (19 March 2003 – 1 May 2003) and the Transition of Iraq (2 May 2003 – 28 June 2004) Campaigns.

9.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that a DD Form 214 may be reissued only when:

    	a.  directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

	b.  it is determined that the corrections to be made will not fit with the correction block of a single DD Form 215;

	c.  two DD Forms 215 have been issued and an additional correction is required; or

	d.  the character of service is to be changed.

10.  Army Regulation 635-5 directs, in pertinent part, that when a DD Form 214 is administratively issued or reissued the entry: “DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date).” is to be made on all copies unless the appellate authority, Executive Order, or the Secretary of the Army directive specifies otherwise.

DISCUSSION AND CONCLUSIONS:

1.  As previously determined by ABCMR Docket Number AR20060011845, dated 22 March 2007, the applicant is authorized the Iraq Campaign Medal.

2.  The applicant's period of service in Iraq shown on his DA Form 2-1 indicates that he served in two campaigns that were identified on MILPER Message Number 08-123, dated 30 April 2008.  Therefore, he is authorized two bronze service stars to be worn on his Iraq Campaign Medal.

3.  Two DD Forms 215 have been issued to the applicant's DD Form 214 with a separation date of 18 March 2004.  The above correction constitutes a third correction to his DD Form 214.  Therefore, it is appropriate to reissue the applicant's DD Form 214 to include the above correction and the corrections indicated on the DD Forms 215, dated 27 January 2006 and 4 October 2007.

4.  As required by Army Regulation 635-5, the entry: “DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date).” is to be entered (on all copies) in Item 18 (Remarks) of the applicant’s reissued DD Form 214.



BOARD VOTE:

__x_____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of the applicant's DD Form 214 with a separation date of 
18 March 2004 to include the Iraq Campaign Medal with two bronze service stars.

2.  The Board further recommends that, due to two DD Forms 215 having already been issued, the applicant's DD Form 214 with a separation date of 18 March 2004 be reissued to include the above correction and all corrections listed on the two previously issued DD Forms 215.  

3.  The Board further recommends that the entry: “DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date).” be entered (on all copies) in Item 18 (Remarks) of the applicant’s reissued DD Form 214.





      _______ _   _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.



ABCMR Record of Proceedings (cont)                                         AR20090000073





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000073



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1