IN THE CASE OF:	  

		BOARD DATE:	        21 MAY 2009

		DOCKET NUMBER:  AR20090003637 


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 foreign service in Iraq and award of the Global War on Terrorism Expeditionary Medal.

2.  The applicant states that he completed 11 months of foreign service in Iraq that is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 5 January 2009; a copy of a memorandum, dated 18 December 2008, subject: verification of deployment; and a copy of his DA Form 31 (Request and Authority for Leave), dated 7 May 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 6 years on 20 July 2006.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 15R (AH-64 Attack Helicopter Mechanic).  He was honorably discharged in the rank/grade of specialist (SPC)/E-4 on 5 January 2009.  The DD Form 214 he was issued shows he completed 2 years and 5 months of creditable active service.

2.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he did not complete any foreign service.

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 National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Basic Aviation Badge.  

4.  Item 18 (Remarks) of the applicant's DD Form 214 does not show service in Iraq or any Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) zone.

5.  The applicant submitted a copy of a memorandum, dated 18 December 2008, issued by the commanding officer of the Regimental Headquarters and Headquarters Troop (Rear), 3rd Armored Cavalry Regiment, Fort Hood, TX, certifying that he (the applicant) served in Iraq from 31 October 2007 to 11 October 2008.

6.  An email, dated 31 March 2009 from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received HFP/IDP from 1 October 2007 to 31 October 2008 in Kuwait.

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 he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  

8.  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 should 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 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 – YYYYMMDD).”

9.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, 12 March 2003.  It 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: 

10.  Review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.

11.  Army Regulation 600-8-22 states 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 will be used to denote second and subsequent awards of the Overseas Service Ribbon.

12.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  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 complete 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."

13.  The Iraq Campaign Medal was authorized by Public Law 108–234.  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.  Service members qualified for the Global War on Terrorism Expeditionary Medal 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.  Under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq 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.

	b.  While participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility.
	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.

14.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom: Liberation of Iraq, from19 March 2003 to 1 May 2003; Transition of Iraq, from 2 May 2003 to 28 June 2004; Iraqi Governance, from 29 June 2004 to 15 December 2005; and National Resolution, from16 December 2005 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his foreign-service and award of the Global war on Terrorism Expeditionary Medal. 

2.  The evidence of record shows the applicant served in Iraq for a period of 11 months and 11 days.  This period of service is consistent with his DFAS pay records.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Iraq.  

2.  With respect to award of the Global War on Terrorism Expeditionary Medal, effective 30 April 2005 this award is no longer authorized to be awarded for service in Iraq.  The applicant arrived in Iraq in 9 October 2007; therefore, he is not entitled to award of the Global War on Terrorism Expeditionary Medal.

3.  However, since the applicant served in Iraq in support of Operation Iraqi Freedom from 31 October 2007 to 11 October 2008, he served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award.  Additionally, he participated in one campaign (National Resolution) during his service in Iraq.  Therefore, he is also entitled to a bronze service star to be affixed to his Iraq Campaign Medal.

4.  The evidence of record also shows the applicant's 11 months and 11 days of continuous period of foreign/overseas service in Iraq qualifies him for award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show this award.

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.  deleting the entry “0000  00  00” from item 12f of the applicant’s DD Form 214 and adding the entry “0000  11  11”; 

	b.  adding the entry "Service in Kuwait/Iraq from 31 October 2007 to 11 October 2008" to Item 18 of the applicant's DD Form 214; and

	c.  awarding the applicant the Iraq Campaign Medal with a bronze service star and the Overseas Service Ribbon, and adding these awards to his DD Form 214.

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 adding the Global War on Terrorism Expeditionary Medal to his records.




      _______ _ 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)                                         AR20090003637





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