IN THE CASE OF:	  

		BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090006011 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployed service to Afghanistan.  He also requests, in effect, correction of his DD Form 214 to show his Combat Action Badge (CAB), his construction equipment operator qualifications, and all awards and decorations.

2.  The applicant states that his DD Form 214 does not document his deployed service to Afghanistan in support of Operation Enduring Freedom VIII from
1 February 2007 to 27 April 2008.

3. The applicant provides his DD Form 214, two Army Commendation Medal (ARCOM) Certificates, and a DA Form 638 (Recommendation for Award) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army (RA) and he entered active duty on 12 June 2003.  He was trained in and awarded military occupational specialty (MOS) 21J (Construction Equipment Operator).  

2.  On 18 July 2008, the applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 5 years, 1 month, and 7 days of active military service.  The DD Form 214 he was issued contains the entry 


"0000  00  00" in item 12f (Foreign Service) and documents no deployed 
service in item 18 (Remarks).  Item 13 (Decorations, Medals, Badges, Citations 
and Campaign Ribbons Awarded or Authorized) shows he earned the Army Achievement Medal (AAM), Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM), Army Service Ribbon (ASR), and the Parachutist Badge during his 
active duty tenure.  His record is void of any documents or orders that show he was ever recommended for or awarded the CAB by proper authority while serving on active duty.  Item 11 shows he held and served in MOS 21J (Construction Equipment Operator) for 5 years and 1 month, and item 14 (Military Education) contains an entry documenting his completion of the 4-week general construction equipment operator course in 2003.  

4.  The applicant provides ARCOM certificates, dated 10 November 2007 and
9 March 2008, and a DA Form 638, which show he was awarded the ARCOM for meritorious service in Afghanistan from 1 February 2007 through 24 April 2008, and the ARCOM (1st OLC) for meritorious service from 19 November 2003 through 18 July 2008.  These documents confirm the awards were authorized and announced in official orders issued by the 4th Brigade Combat Team, 
Combined Task Force Fury, Forward Operating Base Salerno, Afghanistan and Headquarters, 508th Parachute Infantry Regiment, Fort Bragg, NC.

5.  In connection with the processing of this case, a review of the Defense Finance and Accounting Service (DFAS) pay record of the applicant was completed.  This review confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 1 February 2007 through 30 April 2008, for service in Afghanistan. 

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-16 contains guidance on award of the Afghanistan Campaign Medal (ACM) and states, in pertinent part, that it is awarded for
30 consecutive or 60 non-consecutive days of service in Afghanistan completed between 24 October 2001 and a future date to be determined.  It also states that a bronze service star is authorized for each campaign a member is credited with participating in while serving in Afghanistan.  The following are authorized Afghanistan campaigns:  Liberation of Afghanistan (11 September 2001 -
30 November 2001), Consolidation I (1 December 2001 - 30 September 2006, and Consolidation II (1 October 2006 - Date to Be Determined). 

7.  Chapter 8 of the awards regulation contains guidance on award of badges and tabs of United States origin.  Paragraph 8-8 contains guidance on award of 

the CAB.  It states, in pertinent part, that to support award of the CIB there must be evidence confirming the member performed assigned duties in an area where HFP/IDP was authorized and that he/she was personally present and actively engaged or was engaged by the enemy.  

8.  Army Regulation 600-8-22, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

9.  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.

10.  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 or Afghanistan 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."

11.  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.  The instructions for item 13 state to list awards and decorations for all periods of service.  The instructions for item 18 state, in pertinent part, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  

12.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that HFP/IDP is payable at a monthly rate.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in Afghanistan should be documented on his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Afghanistan from 1 February 2007 through 24 April 2008, as evidenced by an ARCOM certificate provided by the applicant and corroborated by the DFAS pay record.  As a result, item 12f and item 18 of his DD Form 214 should be corrected accordingly.  

2.  The available evidence also shows the applicant completed a period of qualifying service in Afghanistan for award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show this award.

3.  The ARCOM certificates and DA Form 638 provided by the applicant confirm he was awarded the ARCOM for meritorious service in Afghanistan from 
1 February 2007 through 24 April 2008, and the ARCOM (1st Oak Leaf Cluster) for meritorious service during the period 19 November 2003 through 18 July 2008, and that these awards were authorized and announced in official orders.  The record further shows that based on his service and campaign participation in Afghanistan, he is also eligible for the ACM with 1 bronze service star.  As a result, it would be appropriate to add these awards to item 13 of his DD Form 214 at this time. 

4.  The applicant's contention that the CAB should be added to his DD Form 214 was also carefully considered.  However, there is no order or other document on file that indicate he was ever recommended for or awarded the CAB by proper authority while serving in Afghanistan.  Further, there is no evidence of record, and he has failed to provide independent evidence, that shows he ever was personally present and engaged or was engaged by the enemy while serving in Afghanistan.  As a result, there is insufficient evidence to support adding the CAB to his DD Form 214.

5.  The applicant's contention that his construction equipment operator qualifications should be documented on his DD Form 214 was also considered.  However, his current DD form 214 documents his construction equipment operator qualifications in the MOS entry in item 11 and military education entry in item 14, and there is no evidence of record or independent evidence provided by the applicant that confirms additional qualifications not already covered by these entries.  As a result, there is an insufficient evidentiary basis to support granting this portion of his 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 his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 02 24";

   b.  adding to item 13 of his DD Form 214 the Army Commendation Medal (1st Oak Leaf Cluster), Afghanistan Campaign Medal with 1 bronze service star, and the Overseas Service Ribbon; and
   
   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20070201 – 20080424."

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 Combat Action 




Badge to and documenting further construction equipment operator qualifications on the 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)                                         AR20090006011



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ABCMR Record of Proceedings (cont)                                         AR20090006011



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