IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090002433 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his foreign service and all awards related to his service in the Global War on Terrorism.

2.  The applicant states, in effect, that he received a Purple Heart while serving in Iraq.  He also states, in effect, that his service in Iraq was from 3 October 2004 through 8 December 2004.

3.  In support of his request, the applicant provides a copy of Permanent Orders Number 46-09 prepared by Headquarters, 1st Cavalry Division, on 15 February 2005, which awarded him the Purple Heart; a copy of a DA Form 4187 (Personnel Acton), dated 15 February 2005, in which the applicant was approved for award of the Purple Heart; a copy of the applicant's DD Form 214, with an effective date of his separation of 19 May 2006; a cover letter from the Director, Cattaraugus County Veterans Service Agency, New York, dated 6 October 2008, transmitting the applicant's documents and application for consideration for the actions now being requested; and a letter dated 11 December 2008, sent to the applicant administratively closing an earlier submitted request for correction of his DD Form 214.

4.  On 20 May 2009,the applicant submitted additional documents in support of his request for correction of his records.  These documents included a copy of a DD Form 214 for his honorable discharge which occurred on 30 November 1993, a copy of a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 3 March 2005; and a second copy of his DD Form 214 for his separation for the purpose of his placement on the Temporary Disability Retired List.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel prepared and submitted a letter of transmittal for documents reviewed by the Board.  Counsel remained silent as to any recommendation for the correction of the applicant's record.

CONSIDERATION OF EVIDENCE:

1.  The evidence of record shows the applicant enlisted in the Regular Army on 29 July 1986.  He was honorably discharged on 30 November 1993 in the rank and pay grade Private First Class, E-3, in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 16-8, as a result of a reduction in force.

2.  On the date of his discharge, the applicant had completed 7 years, 4 months and 2 days net active service.  Item 12f (Foreign Service) of the DD Form 214 he was issued shows he had 3 years, 1 month, and 29 days foreign service.  [A review of the applicant's service record failed to reveal in which countries he was assigned and the length of his service in those countries.]

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the Army Achievement Medal; the Good Conduct Medal (2d Award); the National Defense Service Medal; the Noncommissioned Officer Professional Development Ribbon; the Army Service Ribbon; the Overseas Service Ribbon, with Numeral 2; and the Expert Marksmanship Qualification Badge, with Pistol Bar (.9mm Pistol).

4.  On 16 October 1995, the applicant enlisted for 3 years in the New York Army National Guard (NYARNG).  On 6 October 1999, he voluntarily extended his enlistment in the NYARNG for 3 years.

5.  On 31 October 2000, the applicant enlisted in the Regular Army for 3 years in pay grade E-4.

6.  The applicant submitted a copy of Orders 313-570, Headquarters US Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, dated 8 November 2000, which shows he was to proceed on permanent change of station to the 1st Adjutant General Detachment, Replacement, APO (Army Post Office) 96205 (in Korea) with a reporting date of 28 November 2000.

7.  Item 5 (Overseas Service), of page 1 of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II), shows he served in Korea for the period 28 November 2000 through 15 November 2001.

8.  The applicant was awarded the Army Achievement Medal for meritorious achievement for the period 13 July 2001 to 26 July 2001 by Permanent Orders Number 211-42 while he served in Korea.

9.  The applicant was awarded the Army Achievement Medal for exceptional achievement for the period 14 January 2002 to 4 March 2002 by Permanent Orders 086-07 while he served at Fort Hood, Texas.

10.  A DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the Army National Guard of the United States and the Reserve on 23 September 2003.

11.  A DA Form 5691-R (Request for Reserve Component Assignment Orders) shows the applicant had accepted an assignment to Company C, 1st Battalion, 127th Armor (RD) in Olean, New York, to be effective on the applicant's separation from the Regular Army.

12.  On 20 December 2003, the applicant was discharged in the rank and pay grade of Specialist, E-4, under the provisions of Army Regulation 635-200, Chapter 4, at the completion of his required active service.

13.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the Army Lapel Button, the Army Achievement Medal, the Army Good Conduct Medal (2d Award), the National Defense Service Medal (2d Award), the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon (3d Award) and the Expert Marksmanship Qualification Badge, with Pistol Bar (Small Bore Bar).  No other awards are shown on the applicant's DD From 214.

14.  The applicant was ordered to active duty in support of Operation Iraqi Freedom in accordance with 10 United States Code 12302 for a period not to exceed 560 days.  The applicant's reporting date to his home station was 15 May 2004 and to his mobilization station on 18 May 2004.  He was separated for the purpose of being placed on the temporary disability retired list on 19 May 2006.

15.  On 4 March 2009 a staff member of the Army Board for the Correction of Military Records asked the Defense Finance and Accounting Service (DFAS) for the specific dates of the applicant's service in Iraq.  A Financial Systems Analyst responded that the applicant had been given a Combat Zone Tax Exemption (CZTE) for the period from 5 October 2004 through 4 February 2005.

16.  The DA Form 2173, dated 3 March 2005, the applicant submitted shows he was admitted to a military hospital in Iraq at 1100 hours on 3 December 2004 after being injured during an IED (Improvised Explosive Device) explosion.

17.  Information on file in the Total Army Personnel Data Base (TAPDB) Integrated Web Services (IWS) shows the applicant arrived at Walter Reed Army Medical Center, Washington, DC, on 5 December 2004, after having been medically evacuated from Iraq due to his battle injuries.

18.  Item 12f (Foreign Service) of the DD Form 214 he was issued shows he had 00 years, 00 months, and 00 days foreign service.  The applicant served in Iraq for 2 months and 1 day.

19.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the Purple Heart, the Army Commendation Medal, the Army Achievement Medal (2d Award), and the Army Good Conduct Medal.  No other awards are shown; however, the applicant was awarded the Army Achievement Medal for meritorious achievement during Operation Iraqi Freedom for the period 15 October 2004 to 3 December 2004 by Permanent Orders 216-54 which were issued by the Commander, 1st Battalion, 69th Infantry (Mechanized), at Camp Liberty, Iraq.

20.  Item 18 (Remarks) of the applicant's DD Form 214 is void of any entries indicating he was deployed and served in Iraq.

21.  The copy of the DA Form 4187, dated 15 February 2005, the applicant submitted shows he was approved for award of the Purple Heart by his company, battalion, and brigade commanders.

22.  The applicant was awarded the Purple Heart by Permanent Orders Number 46-09 prepared by Headquarters, 1st Cavalry Division, on 15 February 2005, for wounds he received as a result of hostile enemy action on 3 December 2004.

23.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with 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; b)  be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participate 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].  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

24.  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.  

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Reserve Medal to Reserve Component Soldiers for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal includes a requirement for the completion of such service within 12 consecutive years.  On or after 1 August 1990, a Reserve Components Soldier called to active duty and who serves on active duty in support of a specific U.S. military or contingency operation designated by the Secretary of Defense under Sections 12301(a), 12302, 12304, 12406, Title 10, United States Code, as defined in Section 101(A) (13) of Title 10 USC is eligible for the award of the Armed Forces Reserve Medal with "M" Device.

26.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  To be eligible for this award, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

27.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes policies and procedures regarding separation documents.  This regulation states that decorations, medals, badges, citations and campaign ribbons awarded or authorized, for all periods of service, will be entered in Item 13 of a service member's DD Form 214.  Awards and decorations for all periods of service will be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the soldier's records and abbreviations will not be used.  This regulation also states that a Soldier's total active duty outside continental limits of the United States for the period covered by the DD Form 214 would be entered in Item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket.  For active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant received a Purple Heart while serving in Iraq.  His service in Iraq was from 5 October 2004 through 5 December 2004.  The Purple Heart is already shown on the applicant's DD Form 214; however, the applicant's foreign service and awards related to this service are not shown.  The applicant is therefore entitled to a correction of his DD Form 214. 

2.  The evidence shows that the applicant is entitled to a correction to Item 12f. of his DD Form 214 to show he served in Iraq for 00 years, 02 months, and 01 days foreign service.  The applicant is further entitled to have Item 18 corrected to show this same service in Iraq for the period 5 October 2004 through 5 December 2004.

3.  The evidence shows the applicant was awarded the Army Achievement Medal while he served in Iraq.  He is therefore entitled to a correction to his DD Form 214 to show he was awarded the Army Achievement Medal (3rd Award).

4.  Based on the applicant's service in Iraq for the period 5 October 2004 through 5 December 2004 in support of Operation Iraqi Freedom, he is entitled to award of the Global War on Terrorism Service Medal and the Iraq Campaign Medal and to have these awards added to his DD Form 214.

5.  The evidence shows the applicant was mobilized in support of Operation Iraqi Freedom.  As a result of his mobilization, the applicant is authorized the Armed Forces Reserve Medal with "M" Device.  The Armed Forces Reserve Medal with "M" Device is not shown on his DD Form 214.  He is entitled to a correction of his DD Form 214 to add this award.

6.  The evidence shows the applicant served a qualifying period of service in the Republic of Korea.  He is therefore entitled to award of the Korea Defense Service Medal and to have this award added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X___  ____X____  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 all Department of the Army records of the individual concerned be corrected by:

	a.  correcting Item 12f of the applicant's DD Form 214 dated 19 May 2006 to show he served 02 months and 01 day foreign service in the period covered by this DD Form 214;

	b.  correcting Item 18 of the applicant's DD Form 214 dated 19 May 2006 to show the following entry:  "SERVICE IN IRAQ from 20041005 - 20041205";

	c.  awarding the applicant the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with "M" Device, and the Korea Defense Service Medal and adding these awards to his DD Form 214 dated 19 May 2006;

	d.  deleting the Army Achievement Medal (2nd Award) from the applicant's DD Form 214 dated 19 May 2006 and replacing this award with the already-awarded Army Achievement Medal (3rd Award);

	e.  adding the applicant's other already-awarded awards to Item 13 of the applicant's DD Form 214 with a separation date of 19 May 2006 as follows:  the Army Lapel Button, the Army Commendation Medal, the Good Conduct Medal (2d Award); the National Defense Service Medal (2d Award); the Korea Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon; the Army Service Ribbon; the Overseas Service Ribbon (3d Award); and the Expert Marksmanship Qualification Badge, with Pistol Bar.

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 showing that the applicant served in Iraq for the period from 3 October 2004 through 5 December 2004.




      _______ _   __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.



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ABCMR Record of Proceedings (cont)                                         AR20090002433



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