BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090004458 


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 correct deployments to Iraq and Afghanistan as well all his awards and decorations. 

2.  The applicant states that his DD Form 214 incorrectly shows he served twice in Iraq when in fact he only served there once, but served twice in Afghanistan.   He also states that his DD Form 214 is missing awards and citations.

3.  The applicant provides, in support of his request, a copy of his DD Form 214, dated 24 January 2008; and copies of two certificates, dated 1 July 2003 and
25 July 2007, showing two awards of the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army for a period of 3 years on 31 October 2000.  He completed basic combat and advanced individual training and was initially awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).  He also executed a 4-year reenlistment on 25 November 2003 and was awarded MOS 15G (Aircraft Structural Repairman). He was honorably released from active duty on 24 January 2008 in the rank/
grade of specialist (SPC)/E-4.

2.  Item 12f (Foreign Service) of the DD Form 214 he was issued shows he completed 4 years and 21 days of 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 Army Commendation Medal (6th Award), Army Achievement Medal, Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon (2nd Award), Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Driver and Mechanic Badge with Wheeled Vehicle and Mechanic Clasps.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Iraq from 9 November 2004 to 9 November 2005 and from 23 July 2006 to 23 July 2007.

5.  An email, dated 23 June 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 November 2004 to 30 April 2005 for service in Afghanistan and from 1 July 2006 to 30 September 2007 for service in Kuwait/Iraq. 

6.  HFP/IDP is a military entitlement paid for any month 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.

7.  The applicant's submitted two certificates that show he was awarded two awards of the Army Commendation Medal as follows:

	a.  Headquarters, 1st Brigade, 82nd Airborne Division, Permanent Order Number 120-41, dated 1 July 2003, shows he was awarded the Army Commendation Medal for service with Task Force Devil during Operation Enduring Freedom, Afghanistan, from 1 January 2003 to 1 July 2003; and

	b.  Headquarters, 25th Combat Aviation Brigade, Permanent Order Number 066-108, dated 7 March 2007, shows he was awarded the Army Commendation Medal for meritorious service during Operation Iraqi Freedom from 25 July 2006 to 25 July 2007.
8.  Several attempts were made by a staff of the Board to contact the applicant by email and/or phone during the week of 6-11 July 2009.  However, emails sent to the applicant's email accounts were both returned undeliverable.  Additionally, a web search of the applicant's phone number was obtained; however, the listed phone number was disconnected.

9.  Another unsuccessful attempt was made to contact the applicant through the Army National Guard unit shown on his separation order from the Regular Army.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the Remarks block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available and as a continuation for selected entries.  For an active duty Soldier deployed with his/her unit during their continuous period of active service, the following statement is entered in item 18: "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYYMMDD).”

11.  Review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that 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 upon successful completion of initial entry training.  

13.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign 
Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  The following rules apply to award of the Afghanistan Campaign Medal:  the Afghanistan Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan 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.  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 1 day of eligibility. 

14.  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), and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the correct countries of deployment as well as all his awards and decorations.

2.  The evidence of record shows the applicant successfully completed initial entry training subsequent to his enlistment on 31 October 2000.  Therefore, he qualified for award of the Army Service Ribbon and is entitled to correction of his DD Form 214 to show this award.
3.  The evidence of record shows that the applicant served in Afghanistan from 1 January 2003 to 1 July 2003 as evidenced by his award of the Army Commendation Medal for service with Task Force Devil during Operation Enduring Freedom, Afghanistan.  This period of service is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this period of service.

4.  The evidence of record shows the applicant completed a second period of foreign service in Afghanistan from 2004 to 2005.  However, the precise dates of this period of service cannot be determined.  His DD Form 214 shows he served from 9 November 2004 to 9 November 2005 and lists the country as Iraq; however, his pay records show he received HFP/IDP from 1 November 2004 to 30 April 2005 for Afghanistan.  Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area, this period of foreign service in Afghanistan is inconsistent with his pay records at DFAS.  Therefore, there is insufficient evidence to show his second period of service in Afghanistan.

5.  The evidence of record shows the applicant served in Iraq from 23 July 2006 to 23 July 2007 and was awarded the Iraq Campaign Medal.  Additionally, his records show he participated in one campaign (National Resolution) while serving in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show award of a bronze service star to be affixed to his Iraq Campaign Medal.

6.  The evidence of record shows that the applicant completed two periods of foreign service in Afghanistan and one period of foreign service in Iraq.  It appears that he was awarded the Global War on Terrorism Expeditionary Medal for his first period of foreign service in Afghanistan and the Iraq Campaign Medal for his period of foreign service in Iraq.  Since the duration of his second period of service cannot be determined, there is insufficient evidence to grant him the Afghanistan Campaign Medal and its accompanying bronze service stars at this time. 

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 from Item 13 of his DD Form 214 the Iraq Campaign Medal and replacing it with the Iraq Campaign Medal with one bronze service star;

	b.  adding to Item 13 of his DD Form 214 with Army Service Ribbon; and

	c.  adding to Item 18 of his DD Form 214 the entry "Service in Afghanistan from 20030101 – 20030701."

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 correction of his DD Form 214 to show he served in Afghanistan instead of Iraq from 9 November 2004 to 9 November 2005 and/or award of the Afghanistan Campaign Medal.



      __________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)                                         AR20090004458



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ABCMR Record of Proceedings (cont)                                         AR20090004458



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