IN THE CASE OF:	

		BOARD DATE:	9 September 2009  

		DOCKET NUMBER:  AR20090007074 


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) with a separation date of 18 February 2008 be corrected to show his tour in Iraq and the Iraq Campaign Medal.

2.  The applicant states that his last unit of assignment did not issue him his Iraq Campaign Medal.

3.  The applicant provides copies of his DD Form 214 and a Standard Form 180 (Request Pertaining to Military Records) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 February 2004.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 63H (Tracked Vehicle Mechanic).  The highest grade he attained was specialist/pay grade E-4.

2.  The applicant's Enlisted Record Brief (ERB), dated 31 July 2007, does not show in Section I (Assignment Information) that he served an overseas tour or that he deployed for combat duty.  This same document shows that he was assigned to the 1st Infantry Brigade from 19 October 2004 until his release from active duty.

3.  The ERB shows in Section VIII (Awards and Decorations) that the applicant received the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

4.  On 18 February 2008, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He served 3 years, 11 months, and 24 days of active duty with 359 days of service at the convenience of the government when he was retained past the expiration of his term of service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

6.  Item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 shows his foreign service credit as 3 years and 4 months.  Item 18 (Remarks) does not show any deployment dates or the country of deployment.

7.  In processing this case, the applicant's official record maintained on the integrated Personnel Electronic Records Management System was searched in an attempt to find the specific dates of his assignment to Iraq.  However, there was no record of his service in Iraq.

8.  The Defense Finance and Accounting System (DFAS) maintains Soldiers' financial records of all pay and allowances paid to them during their periods of service.  The DFAS computerized system shows that the applicant received hostile fire pay for one period of service in an imminent danger pay zone.  The tour was from 31 August 2006 to 18 November 2007 in Kuwait.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.
10.  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.  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.  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, 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.
11.  The following rules apply to award of the Iraq Campaign Medal:  The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and 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 Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

12.  Army Regulation 600-8-22 provides that the initial award of the Global War on Terrorism Expeditionary Medal is limited to Soldiers deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following Department of Defense designated specific geographic areas of eligibility:  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude) Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  To be eligible for the Global War on Terrorism Expeditionary Medal a Soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 non-consecutive days.

13.  Headquarters, U.S. Army Human Resources Command message, dated 17 March 2004, states Soldiers may receive both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the requirements of both awards.  However, the same period of service establishing eligibility for one cannot be used to justify service eligibility for the other.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The DFAS computerized record shows that the applicant received hostile fire pay in an imminent danger zone from 31 August 2006 to 18 November 2007.  This same record shows the applicant's service was in Kuwait.

2.  There is no supporting evidence in the applicant's official military personnel file to show that he served in the country of Iraq.  Records do show he served in the country of Kuwait.  Therefore, the applicant is entitled to have his records corrected to show his service in Kuwait from 31 August 2006 to 18 November 2007.  Should the applicant obtain additional evidence such as temporary change of station orders, unit movement orders, or similar documents showing his inclusive dates of service in Iraq, he may resubmit his application.

3.  Based on the applicant's service in Kuwait, he is entitled to award of the Global War on Terrorism Expeditionary Medal.

4.  As the applicant's records do not show service in Iraq, he is not entitled to award of the Iraq Campaign Medal.



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.  adding to item 13 of the applicant's DD Form 214 with a separation date of 18 February 2008 the Global War on Terrorism Expeditionary Medal and

	b.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN KUWAIT FROM 20060831-20071118."

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 award of the Iraq 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)                                         AR20090006804



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ABCMR Record of Proceedings (cont)                                         AR20090007074



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