IN THE CASE OF:	  

		BOARD DATE:	       15 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007596 


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 combat service in Iraq.

2.  The applicant states he served in Baghdad, Iraq, from March 2004 to March 2005 and in Taji, Iraq, from October 2006 to December 2007.

3.  The applicant did not provide any additional documentary evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 17 September 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  His records also show he executed a 4-year reenlistment in the RA while serving in Iraq on 30 September 2004.  He was honorably discharged in the rank/grade of specialist/E-4 on 5 December 2008.

2.  The DD Form 214 he was issued shows he completed 6 years, 2 months, and 19 days of creditable active service.  This form also shows the following entries:

	a.  item 12f (Foreign Service) does not show he completed any foreign service and

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

3.  Item 18 (Remarks) of the applicant's DD Form 214 does not show service in Iraq or any hostile fire pay/imminent danger pay (HFP/IDP) zone.

4.  The applicant's Enlisted Record Brief shows he was assigned to Troop B, 1st Squadron, 7th Cavalry, Fort Hood, TX, from on or about 8 May 2003 to on or about 30 August 2005 and Company C, 115th Combat Support Battalion, Fort Hood, TX, from on or about 30 August 2005 to on or about 10 June 2008.

5.  An electronic mail message, dated 2 September 2009 from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received HFP/IDP from 12 March 2004 to 14 March 2005 and from 29 October 2006 to 10 December 2007 for his service in Kuwait/Iraq.

6.  HFP/IDP is a military entitlement paid for any month in which a Soldier was entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  A review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.

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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

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 in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Table 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.  The Iraq Campaign Medal was authorized by Public Law 108-234.  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 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.  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 Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or 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;

	b.  while participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility; 

	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;

	d.  each day of operations counts as 1 day of eligibility.

12.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom:  Liberation of Iraq from19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, and National Resolution from16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his combat service in Iraq.

2.  The applicant contended that he served in Baghdad, Iraq, from March 2004 to March 2005 and in Taji, Iraq, from October 2006 to December 2007.  He also received HFP/IDP from 12 March 2004 to 14 March 2005 (1 year and 2 days) and from 29 October 2006 to 10 December 2007 (1 year, 1 month, and 12 days) for his service in Kuwait/Iraq.  The two periods of service claimed by the applicant are consistent with his pay records at DFAS.  Therefore, he is entitled to correction of his DD Form 214 to show completion of a total of 2 years, 1 month, and 14 days of foreign service in Kuwait/Iraq.

3.  The applicant's records show he was awarded the Global War on Terrorism Expeditionary Medal for what appears to be his first tour in Iraq.   However, since the applicant also served in Iraq from 29 October 2006 to 10 December 2007, he served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award.  Additionally, he participated in one campaign (National Resolution) during this service in Iraq.  Therefore, he is also entitled to a bronze service star to be affixed to his Iraq Campaign Medal.

4.  The evidence of record also shows the applicant's 1 year and 2 days of continuous service from 12 March 2004 to 14 March 2005 and 1 year, 1 month, and 12 days of continuous service in Kuwait/Iraq qualify him for two awards of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show 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 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 the entry "0000  00  00" from item 12f of the applicant’s DD Form 214 and adding the entry "0002  01  14";

	b.  adding the entries "Service in Kuwait/Iraq from 12 March 2004 to 14 March 2005" and "Service in Kuwait/Iraq from 29 October 2006 to 10 December 2007" to item 18 of the applicant's DD Form 214; and


	c.  awarding the applicant the Iraq Campaign Medal with one bronze service star and the Overseas Service Ribbon (2nd Award) and adding these awards to his DD Form 214.



      ___________XXX______________
       	     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)                                         AR20090007596



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ABCMR Record of Proceedings (cont)                                         AR20090007596



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