IN THE CASE OF:	  

		BOARD DATE:	        9 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090009117 


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, reconsideration of his earlier petition that he be awarded the Iraq Campaign Medal (ICM).  He also requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 11 November 2005, be corrected to reflect his deployment to Iraq in support of Operation Iraqi Freedom (OIF).

2.  The applicant states that his request to the Army to annotate his service in Iraq during the period January 2004 through April 2004 on his DD Form 214 has been denied.  He states he has no documentation to verify this service nor does he know how to obtain such records.  He states that when he requested copies of his military records he received an enlisted record brief which showed his service with the 82nd Airborne Division.  However, this document does not include his overseas deployment and nothing in his records reflects his deployment to Iraq.  He states that the Department of Veterans Affairs (VA) has recognized that he suffers from post-traumatic stress disorder.  However, the Army still does not recognize his Iraq service in his military records and while he appreciates that the VA does recognize this service he would still like to have his military records with the Army complete.

3.  The applicant provides the following documents in support of his application:  self-authored statement; third-party statements; DD Form 214; DD Form 215 (Correction to DD Form 214); Enlisted Record Brief; and board proceedings, dated 27 February 2007 and 28 October 2008.


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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060007924 on 27 February 2007 and Docket Number AR20080011497 on 28 October 2008.

2.  During both reviews the Board concluded there was insufficient evidence to confirm that the applicant had served in Iraq in support of OIF.  As a result the applicant's request for award of the ICM was denied.  New information has been received which warrants Board reconsideration.

3.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 3 April 2001.  His record shows he was trained in and awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist) and that specialist is the highest rank/grade he attained while serving on active duty.

4.  On 11 November 2005, the applicant was honorably discharged under the provisions of chapter 9, Army Regulation 635-200 (Personnel Separations), by reason of alcohol rehabilitation failure.  The DD Form 214 he was issued at the time confirms he completed a total of 4 years, 7 months, and 9 days of active military service.  Item 12f (Foreign Service) of the applicant's DD Form 214 contains the entry "00  00  00" which indicates he completed no overseas service during the period covered by the DD Form 214.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal.

6.  On 17 April 2009, a correction to his DD Form 214 was issued that added the Afghanistan Campaign Medal with two bronze service stars, Army Commendation Medal, and Parachutist Badge to his list of awards contained in item 13.  It also added the entry in item 18 (Remarks), "Service in Operation Enduring Freedom, Afghanistan:  8 December 2002 to 9 July 2003."

7.  A review of the Defense Finance and Accounting Service pay record confirms the applicant received hostile fire pay/imminent danger pay for his service in Iraq in support of OIF during the period 12 January 2004 through 14 April 2004.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the ICM.  It states, in pertinent part, that the ICM is authorized to members who have served in direct support of OIF during the period from 19 March 2003 to a date to a future date to be determined by the Secretary of Defense or the cessation of OIF.  It further stipulates that service members who qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  A bronze service star shall be worn on the suspension and campaign ribbon of the ICM for each Iraq campaign they were credited with participating in.  Approved designated ICM campaigns are the Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

9.  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 preparation instructions for the DD Form 214.  The instructions for item 12f state that all overseas service completed during the period covered by the DD Form 214 will be entered.  The instructions for item 13 state, in pertinent part, that all awards earned during all periods of service will be entered.  The instructions for item 18 state, in pertinent part, that for active duty Soldiers deployed with their unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his service in Iraq be added to his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Iraq in support of OIF from 12 January 2004 through 14 April 2004.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 accordingly.

2.  The applicant's request that the ICM be added to his DD Form 214 was carefully considered and found to have merit.  Based on his service in Iraq, the applicant was credited with participating in one Iraq campaign.  Therefore, he is eligible to receive the ICM with one bronze service star and it would be appropriate to add this award to his DD Form 214 at this time.

3.  The evidence of record confirms that the applicant served in Afghanistan for 7 months and 4 days (6 December 2002 through 9 July 2003) and that he served in Iraq for 3 months and 3 days (12 January 2004 through 14 April 2004).  As a result, it would be appropriate to correct item 12f of his DD Form 214 by deleting the current entry and adding the entry "0000  10  07."

4.  By regulation, the deployed service of an active duty Soldier should be documented with an entry in item 18 of the DD Form 214.  In this case, the entry "SERVICE IN IRAQ FROM 20040112-20040414" should be added to item 18 of the applicant's DD Form 214 to document his service in Iraq in support of OIF.

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 amending his DD Form 214 for the period ending 11 November 2005 as follows:

	a.  deleting the current entry in item 12f and replacing it with the entry "0000  10  07,"

	b.  adding to item 13 the Iraq Campaign Medal with one bronze service star, and 


	c.  adding to item 18 the entry "SERVICE IN IRAQ FROM 20040112-20040414."



      _________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)                                         AR20090009117



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009117



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1