IN THE CASE OF:	

		BOARD DATE:	23 July 2009  

		DOCKET NUMBER:  AR20090004663 


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 include his first period of foreign service in Iraq and a second award of the Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that his initial period of foreign service in Iraq from 29 January 2003 to 1 February 2004 is not reflected on his DD Form 214, and Item 12f (Foreign Service) only shows he completed 11 months and 17 days of foreign service.  He further states that his record should also be corrected to show he earned two ARCOMs, one for each period he served in Iraq. 

3.  The applicant provides a copy a deployment order and his DD Form 214 in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he enlisted in the Regular Army and entered active duty on 4 April 2002.  He was trained in, awarded, and served in military occupational specialty (MOS) 68W (Health Care Specialist).

2.  The applicant's Official Military Personnel File (OMPF) contains an award certificate that shows he was awarded an ARCOM for meritorious service in support of Operation Iraqi Freedom (OIF) during the period 29 November 2005 to 15 November 2006, and that this award was authorized and announced in Permanent Order Number 158-166.

3.  The applicant's record is void of any orders or other documents that show he was ever recommended for or awarded a second ARCOM by proper authority while serving on active duty.

4.  On 17 February 2009, the applicant was honorably released from active duty (REFRAD).  The DD Form 214 he was issued at this time shows he completed a total of 6 years, 10 months, and 14 days of active military service.  Item 12f (Foreign Service) shows he completed 11 months and 17 days of overseas service during the period covered by the DD Form 214.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  ARCOM, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with Campaign Star, Army Service Ribbon, Overseas Service Ribbon, and Combat Medical Badge.  Item 18 includes the entry “SERVICE IN IRAQ 20051129 – 20061115."

5.  A review of the applicant’s Defense Finance and Accounting Service (DFAS) military pay record shows he also received imminent danger pay/hostile fire pay (IDP/HFP) from 1 March 2003 through 31 March 2004, and that his actual service dates in the combat zone during this period (boots on the ground) was from 31 March 2003 to 8 March 2004.

6.  The applicant provides Headquarters, 4th Infantry Division, Orders Number 029-020 dated 29 January 2003 with a group manifest, which included his name. These orders directed deployment in support of Operation Enduring Freedom (OEF) on a date to be determined by the Forces Command (FORSCOM) Commander. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214 and Item 18 specifies, in pertinent part, that for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included.



8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 3-17 of the awards regulation contains guidance on award of the ARCOM.  It states, in pertinent part, that the ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 
1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  The regulation requires a recommendation be made for the ARCOM and that the recommendation be approved by the proper authority.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to properly document his first period of service in Iraq was carefully considered and found to have merit.  By regulation, item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the 
DD Form 214, and item 18 will include entries documenting deployed service.  

2.  The evidence of record confirms the applicant deployed to and served in Iraq twice.  DFAS records confirm that in addition to the period already documented on his DD Form 214, which is from 29 November 2005 through 15 November 2006, he also served in Iraq from 31 March 2003 through 8 March 2004.  Therefore, it would be appropriate to correct Item 12f of the applicant's DD Form 214 to show he completed a total of 1 year, 10 months, and 25 days of overseas service, and item 18 by adding the entry "SERVICE IN IRAQ FROM 
20030331 - 20040308."  The record does not support the applicant's claim that his first period of service in Iraq began on 29 January 2003, which was actually the date his deployment orders were published and clearly prior to his actual deployment date, which is established as 31 March 2003 by the DFAS record. 

3.  The applicant contends that a second ARCOM should be added to his record based on his first period of service in Iraq.  However, award of the ARCOM is not automatic based on deployment.  By regulation, the ARCOM must be recommended and approved by the proper authority.  In this case, the applicant's record is void of any orders or other documents that show he was ever recommended for or awarded a second ARCOM by proper authority while serving on active duty, and he fails to provide award orders or a recommendation for this award.  As a result, absent any evidence of record corroborating the applicant's claim of entitlement to a second ARCOM, there is an insufficient evidentiary basis to support granting this portion of the requested relief.




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 12f of the applicant's DD Form 214 the entry
"0000 11 17" and replacing it with the entry "0001 10 25";
   
   b.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20030331 - 20040308"; and
   
   c.  issuing the applicant a correction to his separation document that reflects these changes.

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 documenting additional service in Iraq beginning on 29 January 2003 on or adding a second award of the Army Commendation Medal to his 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)                                         AR20090004663



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ABCMR Record of Proceedings (cont)                                         AR20090004663



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