IN THE CASE OF:	

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090009185 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployments to Bosnia and Iraq.

2.  The applicant states that his personnel record was lost sometime before he started to out-process and that information concerning his deployment to Bosnia and Iraq were not available.

3.  The applicant provides, in support of his application, unit deployment orders dated 28 December 1995 and temporary change of station orders dated 2 June 2004. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 July 1986.  He retired as a sergeant first class, due to length of service, on 31 July 2009.   

2.  Block 12f (Foreign Service) of the applicant's DD Form 214 currently shows 
6 years, 3 months, and 22 days.  

3.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Meritorious Service Medal, Army Commendation Medal (3rd award), Army 

Achievement Medal (5th award), Army Good Conduct Medal (7th award), National Defense Service Medal (2nd award), Southwest Asia Service Medal with bronze service star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon (3rd Award), Army Service Ribbon, Overseas Service Ribbon (3rd award), and the Driver and Mechanic Badge with Mechanic Bar.

4.  Block 18 (Remarks) of the DD Form 214 contains the notation "SERVICE IN SOMALIA 19960102-19961201."

5.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the current period of active service.

6.  The available evidence concerning foreign service is as follows:

	a.  an order for award of the Army Achievement Medal indicates he was in Europe with the 2nd Squadron, 11th Armored Cavalry Regiment from 3 January 1987 to 27 December 1988, a period of 1 year, 11 months and 25 days;           

   b.  noncommissioned officer evaluation reports (NCOER's) show service in Europe for 3 years and 10 months from 1995 to 1999;

   c.  NCOER's show service in Korea for 1 year and 4 months;
   
   d.  the dates of service in the former Yugoslavia indicate deployment from within Europe; but 
   
   e.  the dates of service in Iraq (a period of 8 months and 20 days) indicate departure from a domestic location. 
   
7.  The applicant's foreign service in Europe, Korea, and Iraq apparently totals 7 years, 10 months, and 15 days.

8.  His Enlisted Record Brief (ERB) shows that he is authorized the Iraq Campaign Medal with one bronze service star.

9.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

   a.  the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days it is authorized for Somalia-Operations Restore Hope and United Shield- December 1992 to   
31 March 1995; Former Republic of Yugoslavia-Operations Joint Endeavor and Joint Guard - June 1992 to 20 June 1998; Former Republic of Yugoslavia-Operation Joint Forge - 21 June 1998 to a date to be determined; 

	b.  as a one-time exception to Department of Defense and Service policy provides for award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina, aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 20 December 1996 to 20 June 1998 (Operation Joint Guard);

   c.  the Armed Forces Service Medal was established by on 11 January 1996 by Executive Order 12985; as amended by Executive Order 13286, 28 February 2003.  It is awarded to members of the Armed Forces of the United States who, after 1 June 1992 participate as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action; such as peacekeeping operations and prolonged humanitarian operations; 
   
   d.  under no condition will personnel or units receive the Afghanistan 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.  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.

10.  The regulation also provides for award of the Korea Defense Service Medal.  he regulation specifies criteria for the award of the Korea Defense Service Medal as follows:  

   a.  service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  
   
   b.  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; and
   
   c.  service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

11.  In most cases when a correction is made to the awards listed on an individual's DD Form 214, it is the practice of the Army Board for Correction of Military Records to update all of the awards in so far as it is possible to do so.  In this regard, the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal (3rd award); however, the following orders indicate he is entitled to five awards:

   a.  2nd Brigade Combat Team, 1st Armored Division Permanent Order
104-22 awarded him the Army Commendation Medal for the period 1 December 1995 through 7 September 1996;
   
   b.  64th Corps Support Group, Fort Hood Texas Permanent Order 184-2 awarded him the Army Commendation Medal for the period 12 November 1998 through 30 September 2002;
   
   c.  Corps Distribution Command Permanent Order 321-003, awarded the Army Commendation Medal for the period 4 June 2004 to 3 March 2005; 
	
   d.  Headquarters Command, Fort Hood Texas Permanent Order A-347-8 awarded the Army Commendation Medal for the period 20 May to 15 October 
2005; and 

	e.  205th Infantry Brigade Permanent Order 156-01 awarded him the Army Commendation Medal for the period 28 April through 16 May 2008. 

12.  The regulatory guidance for completing the DD Form 214 further provides that block 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 

13.  In support of his application the applicant submitted the following:

a. OPORD (Operation/Operational Order) 95-425 (Iron Endeavor), dated 
28 December 1995, ordering  the 3rd Squadron, 4th Cavalry to deploy to Bosnia Herzegovina on or about 30 January 1996 as part of Task Force Eagle;
   b.  The personnel list for Permanent Orders 154-1 that included the applicant's name; and

	c.  Headquarters, III Corps and Fort Hood, TX Permanent Orders 154-1, dated 2 June 2004, ordering Headquarters and Headquarters Company to proceed on temporary change of station orders to the Central Command Area of Operations on or about 4 June 2004.

14.  During the processing of this case the Defense Finance and Accounting Service responded to a staff inquiry by stating that the applicant's finance records showed he served in Croatia from 6 January through 31 January 1996, in Bosnia Herzegovina from 1 February through 25 November 1996, and in Iraq from 
4 June 2004 through 23 February 2005.

15.  The applicant indicated in a telephone conversation that he preferred to have the Iraq Campaign Medal displayed on his DD Form 214 and noted that his ERB already showed it with one campaign star.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his personnel record was lost sometime before he started to out-process and the information concerning his deployments to Bosnia and Iraq was not available.

2.  Block 12f of the applicant's DD Form 214 should show 7 years, 10 months, and 15 days of foreign service.

3.  Records show he served a qualifying period of service for award of the Armed Forces Expeditionary Medal and the Armed Forces Service Medal.  He is also eligible for award of the Korea Defense Service Medal.  Therefore, these awards should be shown on his DD Form 214.

4.  The applicant was actually awarded the Army Commendation Medal (5th award).  His DD Form 214 should be changed accordingly.

5.  His ERB shows he has been authorized the Iraq Campaign Medal with one bronze service star and it should be added to his DD Form 214.  However, he cannot be authorized both it and the Global War on Terrorism Expeditionary Medal for the same period of service.  Since the Global War on Terrorism Expeditionary Medal is now shown on his DD Form 214 it should deleted.

6.  The regulatory guidance requires that block 18 of the DD Form 214 contain details on deployments.  The applicant was deployed to Croatia from 6 January through 31 January 1996, to Bosnia-Herzegovina from 1 February through 
25 November 1996, and to Iraq from 4 June 2004 through 23 February 2005. These periods should be entered on his DD Form 214.

7.  The current entry in block 18 of his the DD Form 214 showing:  "SERVICE IN SOMALIA 19960102-19961201," appears to be an administrative error since this corresponds very closely to the applicant's time in the former Yugoslavia.  It should be deleted.

8.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below. 
 
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: changing the DD Form 214 as follows:

a. deleting the current entry in block 12f of the individual's 31 July 2009 
DD Form 214 and adding “7 years, 10 months and 15 days”;  
   
   b.  deleting from the awards listed in block 13 "Army Commendation Medal 
(3rd award)” and the "Global War on Terrorism Expeditionary Medal" and adding "Army Commendation Medal (5th award), Armed Forces Expeditionary Medal, Armed Forces Service Medal, Iraq Campaign Medal with one bronze service star, and the Korea Defense Service Medal"; and
   
   c.  deleting from block 18 "SERVICE IN SOMALIA 19960102-19961201" and adding, "SERVICE IN CROATIA FROM 19960106-19960131//SERVICE IN BOSNIA-HERZEGOVINA FROM 19960201-19961125//SERVICE IN IRAQ FROM 20040604-20050223//."  




      _______ _   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)                                         AR20090009185



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ABCMR Record of Proceedings (cont)                                         AR20090009185



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