IN THE CASE OF:	  

		BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090007367 


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 reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served overseas in Kuwait and Iraq.

2.  The applicant states he is providing additional evidence in support of his claim that proves he should have been granted full relief of his previous request for correction of his records to show he served in Kuwait and Iraq from
19 January 2003 through 7 June 2003.

3.  The applicant provides copies of the same documents he provided in his original request (i.e., Headquarters, 375th Transportation Group, Mobile, AL, Orders M-014-0059, dated 14 January 2003; eighteen DFAS Forms 702 (Leave and Earnings Statements (LES)); announcement of Presidential Unit Citation (Navy); and extracts of his Medical Records), although most of the documents are not identified in the Army Board for Correction of Military records (ABCMR) Record of Proceedings, dated 10 March 2009.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090000471 on 10 March 2009.

2.  The applicant's original application requested correction of his DD Form 214 for the period ending 2 October 2003 to show his total prior active service and overseas service, including his service in Kuwait and Iraq.  The ABCMR directed correction of the applicant's DD Form 214 to show 3 years, 9 months, and 4 days of total prior active service and 10 years, 8 months, and 27 days of total prior inactive service.  Accordingly, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued on 22 April 2009.  However, the Board determined that the evidence presented was insufficient to correct the applicant's DD Form 214 to show foreign service.

3.  The applicant provides the following new arguments that were not previously considered by the Board and warrants consideration by this Board.

4.  The applicant contends that the previous Board decision did not consider the relevant evidence he provided pertaining to his foreign service.  Specifically, the following:

   a.  Headquarters, 375th Transportation Group, Mobile, AL, Orders
M-014-0059, dated 14 January 2003, show the applicant was mobilized and ordered to active duty as a member of the 319th Transportation Company (Medium Truck) for a period of 365 days on 16 January 2003 in support of Operation Enduring Freedom.

   b.  Eighteen LES covering the period from 22 January 2003 through 
29 August 2003.  The LES, dated 15 May 2003, shows the applicant was authorized Hostile Fire Pay (HFP) from 12 February through 30 April 2003.  The 4 June 2003 LES shows he was authorized HFP for the month of May 2003 and the 1 July 2003 LES shows he was authorized HFP for the month of June 2003.

   c.  Secretary of the Navy, Announcement of Presidential Unit Citation (Navy), dated 3 November 2003, and accompanying message, date-time-group 071954Z November 2003, that show the I Marine Expeditionary Force and participating U.S. Army units were awarded the Presidential Unit Citation (Navy) for extraordinary heroism and outstanding performance in action against enemy forces in support of Operation Iraqi Freedom (OIF) from 21 March to 24 April 2003.  The 319th Transportation Company is listed as one of the participating U.S. Army units.

   d.  The extract medical records, in pertinent part, show the applicant was assigned to the 319th Transportation Company, Camp Coyote (Kuwait); he was admitted to the Kuwaiti Armed Forces Hospital for medical treatment of a disease on 16 March 2003; he returned to duty on 22 March 2003; he was treated at the 
47th Combat Support Hospital on 4 June 2003; he was admitted to the 379th MASF [Mobile Aeromedical Staging Facility], Camp Wolf (Kuwait) on 7 June 2003; he was medically evacuated to Ramstein Air Base, Germany on 7 June 2003; and he was further medically evacuated to Andrews Air Force Base, MD, on 9 June 2003.

5.  The applicant's DD Form 214 shows he entered active duty this period on
16 January 2003 and he was honorably released from active duty on 2 October 2003 by reason of completion of required active service.

   a.  Item 12 (Record of Service), block f (Foreign Service), fails to show that he completed any overseas service this period;

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and Army Lapel Button; and
   
   c.  Item 18 (Remarks) shows was ordered to active duty in support of Operation Enduring Freedom in accordance with 10 USC 12302 and that he completed the period for which he was ordered to active duty for the purpose of post-service benefits and entitlements.  However, it does not contain any evidence that he served in Kuwait or Iraq.

6.  Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 04-196-00131, dated 14 July 2004, show the applicant was honorably discharged from the U.S. Army Reserve (USAR) on 14 July 2004.

7.  In connection with the processing of this case, the Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  The DFAS responded that the applicant received HFP/IDP for service in a combat zone from 12 February 2003 to 3 June 2003.

8.  A review of the applicant's military personnel records show that he may be authorized additional awards that are not shown on his DD Form 214.

	a.  The applicant's DD Form 214 issued in 1986 shows he entered active duty on 27 January 1983 and he was honorably released from active duty on
24 January 1986.  Item 13 shows he was awarded the Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Badge, Army Achievement Medal, and Overseas Service Ribbon.
   
   b.  The applicant's DD Form 214 issued in 1991 shows he entered active duty on 20 September 1990, served in Southwest Asia from 5 November 1990 to
2 May 1991 in support of Operation Desert Shield/Desert Storm, and he was honorably released from active duty on 25 June 1991.  Item 13 shows he was awarded the Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Army Achievement Medal, Noncommissioned Officer Professional Development Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Badge, National Defense Service Medal, Southwest Asia Service Medal, and Meritorious Unit Commendation.

	c.  The applicant's DA Form 2-1 (Personnel Qualification Record), reviewed on 13 March 1996, shows in Item 9 (Awards, Decorations and Campaigns) he was awarded the Army Achievement Medal, Noncommissioned Officer Professional Development Ribbon, National Defense Service Medal, Meritorious Unit Commendation, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Kuwait), Army Service Ribbon, Army Reserve Components Achievement Medal (11 September 1990), Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar. 

9.  Army Regulation 600-8-22 (Military Awards) governs the policies and procedures for military awards.  It provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal (ICM) must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility (AOE) 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 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
   
11.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the ICM.  It states, in pertinent part, that 
one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:
Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined
   
12.  Army Regulation 600-8-22 further provides for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Service Medal.

13.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

14.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

15.  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.

16.  Army Regulation 635-5 (Personnel Separations - 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 guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

17.  Paragraph 2-4 (Completing the DD Form 214) of this regulation contains item-by-item instructions for completing the DD Form 214.  It states, in pertinent part, for:

   a.  Item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also provides for item 12, block f, to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB.

   b.  Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.
   
   c.  Item 18, use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
   
   (1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION 
NAME) PER 10 USC (applicable section)."
   
   (2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive 
dates for example, YYYYMMDD - YYYYMMDD)."

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for correction of his DD Form 214 to show he served in Kuwait and Iraq from 19 January to 9 June 2003 should be reconsidered because the evidence he provided proves he served overseas in support of OIF.

2.  Records show the applicant was deployed to Kuwait/Iraq from 12 February through 3 June 2003 and he was authorized HFP/IDP during this period.  Records also show the applicant was medically evacuated to Germany on 7 June 2003 and that he returned to the continental United States on 9 June 2003.  Thus, the evidence of record supports the applicant's claim that he served in Kuwait/Iraq from 12 February 2003 to 6 June 2003, and that he served overseas from 12 February 2003 through 8 June 2003, which equates to 3 months and 27 days.  Therefore, it would be appropriate to correct the applicant's DD Form 214 for the period ending 2 October 2003 to show this foreign service, along with the period of his overseas service in Kuwait and Iraq.

3.  Based on the determination that the applicant served in Kuwait/Iraq in support of OIF, it would also be appropriate to correct his DD Form 214 to show his authorized awards.

4.  Records show that during the period of service under review, the applicant served a qualifying period of honorable active service for a second award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his records to show this service medal with one bronze service star.

5.  Records show the applicant qualified for award of the ICM for his service in support of Operation Iraqi Freedom from 12 February 2003 to 6 June 2003.  Records further show he participated in two designated campaign phases (Liberation of Iraq/19 Mar 2003 - 1 May 2003 and Transition of Iraq/2 May 2003 - 28 Jun 2004) which qualifies him for award of two bronze service stars for wear on the ICM.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 October 2003 to show the ICM with two bronze service stars.

6.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of the Global War on Terrorism outside the AOE for award of the GWOTEM.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 October 2003 to show this service medal.

7.  The applicant's unit, the 319th Transportation Company, was awarded the Presidential Unit Citation (Navy) during the applicant's tenure of assignment.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 October 2003 to show this unit award.

8.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia).  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 October 2003 to show this foreign service medal.

9.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Kuwait).  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 October 2003 to show this foreign service medal.

10.  Records show the applicant was awarded the Army Achievement Medal, Southwest Asia Service Medal with three bronze service stars, Army Reserve Components Achievement Medal, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon with Numeral 2, Meritorious Unit Commendation, and Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 October 2003 to add these awards.

BOARD VOTE:

____X__  ____X___  ___X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090000471, dated 10 March 2009.  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 for the period ending 2 October 
2003 the entry "0000  00  00" and replacing it with the entry "0000  03  27";
       
   b.  deleting from item 13 of his DD Form 214 for the period ending 2 October 2003 the National Defense Service Medal;

   c.  adding to item 13 of his DD Form 214 for the period ending 2 October 2003 the Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal with one bronze service star, Southwest Asia Service Medal with three bronze service stars, Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon with Numeral 2, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Presidential Unit Citation (Navy), Meritorious Unit Commendation, and Expert Marksmanship Qualification Badge with Rifle Bar; and

   d.  adding to item 18 the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030212 – 20030606."


      _________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)                                         AR20090007367



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ABCMR Record of Proceedings (cont)                                         AR20090007367



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