IN THE CASE OF:	

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090011862 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served overseas in Iraq, all of his awards, and that he was discharged in the rank of corporal (CPL)/pay grade E-4.

2.  The applicant states that he served overseas in Iraq from 26 June 2006 to 24 January 2007.  He also states that he sustained an injury while serving in Iraq, was returned to the United States before his unit redeployed, and he was then medically discharged.

	a.  He states he believes his DD Form 214 is incorrect because his awards were not presented to him prior to his departure from Iraq.

	b.  He states he was awarded the Army Commendation Medal, Army Good Conduct Medal, Combat Infantryman Badge, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, and Overseas Service Ribbon.

3.  The applicant provides copies of a letter and an electronic mail message string in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted and entered active duty in the Regular Army on 20 May 2004.  Upon completion of training, he was awarded military occupational specialty 11B (Infantryman).

2.  The applicant's Enlisted Record Brief (ERB), dated 21 September 2007, shows:

	a.  in the Rank - [Date of Rank] block, the entry "SPC  20060101"
(i.e., specialist  1 January 2006);

	b.  Section I - Assignment Information (Overseas/Deployment Combat Duty) is blank; and

   c.  in Section VIII - Awards and Decorations, he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.

3.  Headquarters, 3rd Brigade, 2nd Infantry Division, Permanent Orders Number 110-045, dated 20 April 2007, awarded the applicant the Army Commendation Medal for meritorious service as an automatic rifleman during sustained combat operations against an armed enemy while assigned to Company A, 5th Battalion, 20th Infantry Regiment, during Operation Iraqi Freedom from 1 July 2006 through 28 June 2007.  The applicant's rank is shown as "specialist."

4.  The applicant's physical evaluation board (PEB) proceedings show that the applicant sustained a crushing injury to his index finger from the hatch of a Stryker vehicle while deployed and that the injury was determined in line of duty. The PEB proceedings also show the applicant indicated with his signature that he concurred with the findings and recommendations of the PEB.  The applicant's separation with severance pay was approved on behalf of the Secretary of the Army on 12 September 2007.  The PEB documentation consistently shows that the applicant's rank at the time was "SPC."

5.  Headquarters, Installation Management Command, Military Personnel Division, Fort Lewis, Washington, Orders 271-0028, dated 28 September 2007, as amended by Orders 288-0020, dated 15 October 2007, reassigned the applicant to the U.S. Army Transition Center, Fort Lewis, Washington, for transition processing on 15 November 2007.  The orders show, in pertinent part, the applicant's rank at the time was "SPC."

6.  The applicant's DD Form 214 shows he was honorably discharged on 15 November 2007 based on disability with severance pay.  At the time he had completed 3 years, 5 months, and 26 days of net active service.  Additionally,

	a.  item 4a (Grade, Rate or Rank) shows the entry "SPC" and item 4b (Pay Grade) shows the entry "E04";
	b.  item 12f (Foreign Service) fails to show that he completed any overseas service this period;

	c.  item 12h (Effective Date of Pay Grade) shows the entry "2006 01 01" (i.e., 1 January 2006);

	d.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon; and

	e.  item 18 (Remarks) does not show that he served in Iraq.

7.  The applicant's military personnel records do not contain any orders or other evidence that shows he was promoted or laterally appointed to the rank of CPL/E-4 during the period 1 January 2006 through the date of his discharge on 15 November 2007.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records do not contain any adverse information and there is no evidence that his commander denied him award of the Army Good Conduct Medal.

9.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

10.  There is no evidence in the applicant's military personnel records that shows he was awarded the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, or Overseas Service Ribbon.

11.  In support of his request, the applicant provides the following documents.

	a.  A letter from Sergeant First Class O____, dated 15 June 2009, in which he states he served with the applicant in Iraq.  He also states that the applicant took part in multiple operations working as a member of the Quick Reaction Force, is a recipient of the Combat Infantryman Badge for being under direct enemy fire on multiple occasions showing courage under fire, and is entitled to all associated service medals based on his service in Iraq.

	b.  An electronic mail message string from June 2009 that contains:

		(1)  a summary by the applicant of his deployment in which he identifies individuals in his chain of command, states he was promoted to CPL on 1 May 2007, lists his awards, and describes his redeployment and separation processing;

		(2)  a statement by Staff Sergeant K____, Noncommissioned Officer in Charge, Help Desk, S-6, Information Management Office, 3rd Brigade, 2nd Infantry Division, who states he can personally support the applicant's claims from the perspective of the Rear Detachment; and

		(3)  Captain G____, S-6, 3rd Brigade, 2nd Infantry Division, who states the applicant was the vehicle commander for one of his Strykers in Iraq for 6 months, he believes he still has the applicant's Combat Infantryman Badge recommendation, and he can attest to several incidents where the applicant came under direct fire from the enemy.

12.  In connection with the processing of this case, the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire pay (HFP)/imminent danger pay (IDP).  DFAS responded that the applicant received HFP/IDP for service in a combat zone (Kuwait) from 28 June 2006 through 19 January 2007.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	c.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state that an Army enlisted Soldier must have an infantry or special forces specialty and have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

	d.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism (GWOT) Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The combatant commander has the authority to approve award of the service medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

	e.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE encompasses all land area of the country of Iraq and 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 ICM 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.  Also, Army Regulation 600-8-22 shows:

		(1)  that only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service; and

		(2)  lists the Iraq campaign phases, including the Liberation of Iraq (19 March to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).  This regulation also provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the ICM.

   f.  The Army Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective August 1, 1981, the Overseas Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.  To receive the Overseas Service Ribbon, Soldiers must be credited with a normal overseas tour completion.

14.  Army Regulation 614-30 (Assignments, Details, and Transfers) prescribes policies pertaining to overseas permanent change of station moves and overseas tour lengths.

	a.  Table 3-2 (Award of tour credit and adjustment of date eligible for return from overseas/date returned from overseas) states that if a Soldier serves 9 months in a continuous temporary change of station (TCS)/ temporary duty (TDY) status or a minimum of 11 cumulative months in a TCS/TDY status during any 24-month period in the designated AOE for the GWOT, then credit the Soldier with a completed tour.

	b.  Table 3-2 also provides, in pertinent part, that if a Soldier serves in a TCS, TDY, or permanent change of station status overseas and evacuates to and is hospitalized in the continental United States when the cause of the injury is determined to be in the line of duty, then credit the Soldier with a completed tour.

15.  Army Regulation 635-5 (Personnel Separations - 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 guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the ERB/Officer Record Brief (ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the official military personnel file.

16.  Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214:

	a.  item 4a and item 4b state to enter active duty grade or rank and pay grade at time of separation from the ERB;

	b.  item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also states for:

		(1)  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB; and

		(2)  item 12h, from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade;

	c.  item 13 to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and

	d.  item 18 to use for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, 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 COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served overseas in Iraq, all of his awards, and that he was discharged in the rank of CPL/E-4.

2.  The applicant contends he served in Iraq from 26 June 2006 to 24 January 2007.  However, pay records confirm he served overseas in support of OIF in Kuwait/Iraq from 28 June 2006 to 19 January 2007.  A calculation of this latter period of service shows it equates to 6 months and 22 days.  Therefore, it would be appropriate to correct item 12f and item 18 of the applicant's DD Form 214 to show this foreign service.

3.  Records show the applicant was promoted to the rank of SPC/E-4 on 1 January 2006 and he authenticated documents related to his separation processing that show his rank at that time was SPC/E-4.  There is no evidence and the applicant provides insufficient evidence to show he was promoted or laterally appointed to the rank of CPL/E-4 on 1 May 2007 or at any time after that date and prior to his discharge on 15 November 2007.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this instance.

4.  Records show that permanent orders awarded the applicant the Army Commendation Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

5.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award.

6.  Records show the applicant served as an automatic rifleman while assigned to Company A, 5th Battalion, 20th Infantry Regiment, during sustained combat operations against an armed enemy during OIF.  The evidence of record also shows:

	a.  A senior noncommissioned officer who served with the applicant in OIF attests that the applicant took part in multiple operations working as a member of the Quick Reaction Force and is a recipient of the Combat Infantryman Badge for being under direct enemy fire on multiple occasions during OIF.

	b.  The officer in charge of the applicant while he was serving in OIF confirmed the applicant came under direct fire from the enemy and believed the applicant had been awarded the Combat Infantryman Badge.

   c.  Therefore, in view of all of the foregoing, it is concluded that the applicant is entitled to award of the Combat Infantryman Badge.

7.  Records show the applicant served overseas in support of OIF from 28 June 2006 to 19 January 2007 and he served in Iraq during the National Resolution campaign.  Therefore, it would be appropriate to correct his records to show award of the Iraq Campaign Medal with one bronze service star.

8.  DFAS records show the applicant served in a combat zone (Kuwait) from 28 June 2006 to 19 January 2007.  However, the preponderance of evidence, including the documentary evidence the applicant provides in support of his request, shows he served in Iraq during this period of overseas service.

	a.  The evidence of record shows that for award of the GWOTEM, service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.  The evidence of record also shows that no service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.

	b.  It cannot be established from the available evidence that the applicant served 30 consecutive or 60 nonconsecutive days in Kuwait.  Therefore, the applicant is not entitled to award of the GWOTEM in this instance.

9.  Records show the applicant served overseas in the AOE for the GWOT and that he was evacuated from the theater of operations due to an injury that he sustained in the line of duty.  Thus, the applicant met the criteria to be credited with a completed tour.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Overseas Service Ribbon.

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:

	a.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 20 May 2004 to 19 May 2007;

	b.  awarding the applicant the Combat Infantryman Badge for outstanding performance of duty as a combat infantryman against an active hostile ground force while assigned to Company A, 5th Battalion, 20th Infantry Regiment, during Operation Iraqi Freedom from 1 July 2006 to 19 January 2007;

	c.  deleting from item 12f of his DD Form 214 the entry, "0000  00  00" and adding the entry, "0000  06  22";

	d.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Iraq Campaign Medal with one bronze service star, Overseas Service Ribbon, and Combat Infantryman Badge; and

	e.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 20060628-20070119//NOTHING FOLLOWS."
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 rank of corporal and Global War on Terrorism Expeditionary Medal.



      ____________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)                                         AR20090011862



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ABCMR Record of Proceedings (cont)                                         AR20090011862



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