BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090007483 


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 service in Iraq.

2.  The applicant states he served in Iraq twice, once in 2003 and again in 2005.  He needs proof of this service to be included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; a 703rd Main Support Battalion Certificate of Achievement; an Army Commendation Medal Certificate; a Combat Action Badge Certificate; and Headquarters, 3rd Infantry Division, Permanent Orders Number 249-38, dated 6 September 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 18 April 2002, he completed training, and was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).  

2.  The 703rd Main Support Battalion Certificate of Achievement shows the applicant served with Alpha Company, 703rd Main Support Battalion in support of Operations Enduring Freedom and Iraqi Freedom from 18 January 2003 to
26 June 2003.



3.  The Army Commendation Medal Certificate shows the applicant served with Alpha Company, 703rd Forward Support Battalion, 4th Brigade, 3rd Infantry Division at Camp Liberty, Baghdad, Iraq in support of Operation Iraqi Freedom 04-06 from 2 February 2005 to 15 January 2006.

4.  Headquarters, 3rd Infantry Division Permanent Orders Number 249-38, dated 6 September 2005, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 26 July 2005.

5.  A review of the applicant's pay records shows he served in a combat zone and received hostile fire pay for the periods from 1 January 2003 through 31 July 2003 and from 1 February 2005 through 31 January 2006.

6.  The DD Form 214 shows the applicant was discharged on 29 January 2008 due to parenthood.  Block 12f (Foreign Service) shows no foreign service time and block 18 (Remarks) does not show any deployments.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, U.S. Army/U.S. Air Force Presidential Unit Citation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Driver and Mechanic Badge with Mechanic Bar.

7.  Army Regulation 635-5 (Separation Documents) provides the following pertinent instructions for completing the DD Form 214:

	a.  in Block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	b.  in Block 18 the following statement is mandatory for denoting foreign service in an area for which hostile fire pay or imminent danger pay was authorized:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example:  YYYYMMDD - YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will 
designate the specific area of eligibility per qualifying operation.   Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:

(1)  be engaged in actual combat against the enemy and under 
circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE;

(2)  is killed, wounded or injured requiring medical evacuation from the AOE 
while participating in the designated operation, regardless of time; or 

(3)  service members participating as a regularly assigned air crew member 
flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. 

9.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  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 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 or meet one of the following criteria:  

   (1)  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,

   (2)  is wounded or injured and requires medical evacuation from the area of eligibility, or

   (3)  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 one day of eligibility. 

10.  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 Iraq Campaign Medal (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

11.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The 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 for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

12.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states “Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a Temporary Change of Station/Temporary Duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Iraq is considered an 
isolated area where a tour length has not been established by DOD; therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in PCS status.  To determine the overseas tour lengths refer to Table 1, Appendix Q, Joint Federal Travel Regulations (JFTR), Volume 1.  You will not find a tour length for Iraq.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Iraq twice, once in 2003 and then again in 2005.  He needs proof of this service to be included on his DD Form 214.

2.  The evidence of record shows the applicant served in Kuwait and/or Iraq for two periods, from 18 January 2003 to 26 June 2003 and from 2 February 2005 to 15 January 2006.  Therefore, block 12f of his DD Form 214 should show that his 
foreign service for this period was 1 year, 5 months, and 23 days.  Additionally, 
block 18 should be amended to add the statement "SERVICE IN KUWAIT/IRAQ FROM 20030118 – 20030626" and "SERVICE IN IRAQ FROM 20050202 - 20060115."
4.  The applicant was awarded the Combat Action Badge on 6 September 2005 for his service on 26 July 2005 during Operation Iraqi Freedom.  Therefore, his records should be corrected to show this award.

5.  The applicant served a qualifying period in support of Operation Enduring Freedom.  Therefore, he is entitled to the Global War on Terrorism Expeditionary Medal for the period 18 January 2003 to 18 March 2003 and correction of his records to show this award.

6.  The applicant served a qualifying period in support of Operation Iraqi Freedom during the period 19 March 2003 to 26 June 2003 and 2 February 2005 to 15 January 2006.  He also participated in the four designed ICM campaign phases.  Therefore, he is entitled to the Iraq Campaign Medal with four bronze service stars.

7.  The applicant served in Iraq and met the minimum qualification for award of the Overseas Service Ribbon.  Therefore, his records should be corrected to show this award.

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from block 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 05 23";

	b.  adding to block 13 of his DD Form 214 the Combat Action Badge; Iraq Campaign Medal with four bronze service stars, Global War on Terrorism Expeditionary Medal; and the Overseas Service Ribbon; and

	c.  adding to block 18 of his DD Form 214 the entries "SERVICE IN IRAQ/KUWAIT FROM 20030118 – 20030626" and "SERVICE IN IRAQ FROM 20050202 - 20060115."



      ____________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)                                         AR20090007483



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ABCMR Record of Proceedings (cont)                                         AR20090007483



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