IN THE CASE OF:	  

		BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090009522 


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 deployments for Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
22 July 2006.  He also requests that his awards of the Joint Service Achievement Medal and two awards of the Army Achievement Medal be added to his 
DD Form 214.

2.  The applicant states his deployments and awards are not listed on his 
DD Form 214.

3.  The applicant provides, in support of his application, two DA Forms 638 (Recommendation for Award), four award certificates, group deployment orders, group travel orders, orders for the award of the Joint Service Achievement Medal, and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the Regular Army on 23 July 2002 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 25L (Cable Systems Installer/Maintainer).

2.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay (HF/IDP) during the period from 23 May 2003 - 8 September 2003 for Uzbekistan.
3.  Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, 
Orders 13-064, dated 23 April 2003, ordered Headquarters and Headquarters Company (HHC), 35th Signal Brigade to U.S. Central Command (USCENTCOM) for temporary assignment to deploy in support of Operation Enduring Freedom and to proceed on or about 12 May 2003.  The applicant is listed on the attached list of these group orders.

4.  Headquarters, Combined/Joint Task Force - 180 Permanent Orders 239-024, Bagram Air Field, Afghanistan, dated 27 August 2003, awarded the applicant the Joint Service Achievement Medal for meritorious service during the period 
21 May 2003 to 1 October 2003.

5.  Headquarters, 327th Signal Battalion (Airborne) Permanent Order Number 134-06, dated 13 May 2004, as indicated on a DA Form 638 dated 17 March 2004, awarded the applicant the Army Achievement Medal for meritorious achievement during the period from 1 March 2004 to 4 April 2004.  

6.  Records at DFAS show the applicant received hostile fire/imminent danger pay (HF/IDP) during the period from 29 November 2004 to 28 April 2005 for Kuwait.

7.  Headquarters, 327th Signal Battalion (Airborne), Camp Victory, Iraq, Permanent Order Number 281-31, dated 8 October 2005, awarded the applicant the Army Achievement Medal with First Oak Leaf Cluster for meritorious service.  The recommendation for the award states in part that he played a key role in the installation of phone lines for Multi-National Forces - Iraq Command and the U.S. Embassy.

8.  A Certificate of Achievement, Operation Iraqi Freedom III was awarded to the applicant by his battalion commander for exemplary service during the period from 30 November 2004 through 24 April 2005.  The certificate states in part that his dedicated service contributed to the success of the Multi-National Corps-Iraq's mission to ensure the safety and security of the Iraqi people.

9.  On 22 July 2006, the applicant was released from active duty.  He had completed 4 years of active service that was characterized as honorable. 
Item 12f (Foreign Service) of his DD Form 214 contains the entry 0000 00 00 (zero years, zero months, and zero days).  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not include the Joint Service Achievement Medal or the Army Achievement Medal with First Oak Leaf Cluster or any campaign medals.  Item 18 (Remarks) does not include any entries showing he was deployed to Afghanistan or Iraq.
10.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. MILPER (military personnel) Message Number 08-123, issued 30 April 2008, provided Afghanistan campaign phases and the inclusive dates.  Based on      the applicant's period of service in Afghanistan he served during the CONSOLIDATION I (1 December 2001 - 30 September 2006) campaign.

11.  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.  MILPER Message Number 08-123, issued 30 April 2008, provided Iraq campaign phases and the inclusive dates.  Based on the applicant's period of service in Iraq he served during the IRAQI GOVERNANCE 
(29 June 2004 - 15 December 2005) campaign.

12.  Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the 
DD Form 214 will be entered in item 12f.  

15.  Army Regulation 635-5, in pertinent part, directs that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he deployed for OEF and OIF.  He also contends he was awarded the Joint Service Achievement Medal and two awards of the Army Achievement Medal.  

2.  DFAS records, orders for the applicant's unit, and his orders for the award of the Joint Service Achievement Medal are sufficient evidence to conclude he was deployed to Afghanistan from 23 May 2003 - 8 September 2003 (20030523 - 20030908), a period of 3 months and 16 days.  Therefore, it is appropriate to include this period of service in item 12f, include the awards of the Joint Service Achievement Medal and the Afghanistan Campaign Medal with one bronze service star in item 13, and to add the entry "SERVICE IN AFGHANISTAN FROM 20030523 - 20030908" in item 18 of his DD Form 214.

3.  Orders show the applicant was awarded the Army Achievement Medal for the period from 1 March 2004 to 4 April 2004.

4.  DFAS records, the recommendation and orders for the award of the Army Achievement Medal with First Oak Leaf Cluster, and the Certificate of Achievement, Operation Iraqi Freedom III are sufficient evidence to conclude the applicant was deployed to Kuwait/Iraq during the period 29 November 2004 to  28 April 2005 (20041129 - 20050428), a period of 5 months.  Therefore, it is appropriate to include this period of service in item 12f, include the award of the Army Achievement Medal with First Oak Leaf Cluster and the Iraq Campaign Medal with one bronze service star in item 13, and to add the entry "SERVICE IN KUWAIT/IRAQ FROM 20041129 - 20050428" in item 18 of his DD Form 214.

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 as follows:

	a.  change item 12f to read 0000 08 16 instead of 0000 00 00;

	b.  amend item 13 to show he was also awarded or is authorized the Joint Service Achievement Medal, the Army Achievement Medal with First Oak Leaf Cluster, the Afghanistan Campaign Medal with one bronze service star, and the Iraq Campaign Medal with one bronze service star;

	c.  add to item 18 the entries "SERVICE IN AFGHANISTAN FROM 20030523 - 20030908" and "SERVICE IN KUWAIT/IRAQ FROM 20041129 - 20050428."




      _______ _   _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)                                         AR20090009522





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ABCMR Record of Proceedings (cont)                                         AR20090009522



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