IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090011240 


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, that his record be corrected to document his foreign service in Iraq and to show he earned the Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), and Overseas Service Ribbon (OSR).  

2.  The applicant states, in effect, that he served in Iraq from 26 October 2008 through 19 March 2009, and as a result is eligible for the ICM, GWOTSM, and OSR.  

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), Enlisted Record Brief (ERB), and Miami-Dade County Transmittal Document in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and entered active duty on 2 October 2006, and was trained in, awarded, and served in military occupational specialty (MOS) 92A (Automated Logistical).

2.  Section I (Assignment Information) of the applicant's ERB contains an entry under the heading (OS/Deployment Combat Duty) which shows he served in Iraq from 26 October 2008 to 19 March 2009.  Section VIII (Awards and Decorations) lists the following awards:  National Defense Service Medal (NDSM), ICM, and Army Service Ribbon (ASR).


3.  On 25 March 2009, the applicant was honorably discharged, in the rank of private first class (PFC), after completing 2 years, 5 months, and 24 days of active military service.  Item 12f (Foreign Service) of the DD Form 214 he was issued at the time contains the entry "0000 00 00" and item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the NDSM and ASR during his active duty tenure.  

4.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates that the information in item 12f will contain the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for item 18 specify, in pertinent part, that for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-17 contains guidance on the ICM.  It states, in pertinent part, that it is authorized for service in Iraq from 19 March 2003, to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's tenure of assignment, participation credit was granted for the National Resolution (16 Dec 2005 – Date to be determined) campaign.

6.  Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM.  It states, in pertinent part, that it is authorized to members who have participated in the Global War on Terror outside of a designated area of eligibility (AOE) for the Global War on Terrorism Expeditionary Medal (GWOTEM) on or after 11 September 2001.  All Soldiers on active duty who served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

7.  Paragraph 5-4 contains guidance on the OSR.  It states, in pertinent part, that it is authorized for completion of normal overseas tours as defined in Army Regulation 614-30 (Overseas Service).  


8.  Army Regulation 614-30 (Overseas Service) provides policy and guidance on the eligibility and selection criteria for overseas service and establishment of tour lengths for overseas areas.  Table 3-2 contains guidance on award of tour credit and states, in pertinent part, that in order to receive tour credit for temporary change of station (TCS)/Temporary Duty (TDY) service in isolated areas where tour lengths have not been established (Iraq/Afghanistan) a member must completed 11 cumulative months in a 24 month period or 9 continuous months.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to properly document his service in Iraq was carefully considered and found to have merit.  By regulation, item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214, and item 18 will include entries documenting deployed service.  In this case, the evidence of record confirms the applicant served in Iraq for 4 months and          23 days from 26 October 2008 to 19 March 2009, as evidenced by his ERB.  As a result, it would be appropriate to correct item 12f and item 18 of his DD Form 214 accordingly.  

2.  The evidence of record also confirms that based on the applicant's Iraqi service and campaign participation, he is eligible for the ICM with 1 bronze service star, and based on his qualifying active duty service in support of the GWOT outside of an authorized AOE, he is eligible for the GWOTSM.  As a result, it also would be appropriate to add these awards to his record and DD Form 214 at this time. 

3.  By regulation, in order to qualify for the OSR a member must have completed a normal overseas tour as defined by Army Regulation 614-30 and to be credited with a completed tour for Iraq/Afghanistan a member must have completed 
11 cumulative months of TCS/TDY service in a 24 month period or 9 continuous months of TCS/TDY service.  The evidence of record only shows that the applicant completed 4 months and 23 days foreign service in Iraq.  Therefore, he did not complete the necessary TCS/TDY service in Iraq to be credited with tour completion.  As a result, he is not eligible for the OSR based on this service and, therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 as follows: 

	a.  Item 12f - delete the current entry and replace it with the entry
"0000 04 23";

   b.  Item 13 - add the Iraq Campaign Medal with 1 bronze service star and Global War on Terrorism Service Medal;

	c.  Item 18 - add the entry “SERVICE IN IRAQ FROM 20081026-20090319"; and 

	d.  provide him with a correction to his DD Form 214 that includes these changes.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Overseas Service Ribbon.




      _______ _   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)                                         AR20090011240



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ABCMR Record of Proceedings (cont)                                         AR20090011240



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