IN THE CASE OF:	 

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090012641 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  show his service in Southwest Asia from 11 December 1990 to 12 May 1991, Bosnia from 10 March 1997 to 5 July 1997, and Iraq from 4 April 2003 to 3 April 2004, and

	b.  show three awards of the Meritorious Service Medal instead of two. 

2.  The applicant states that he did not have the paperwork at the time of his retirement.  

3.  The applicant provides a copy of his DD Form 214, dated 31 July 2007; a copy of Permanent Orders 94-200, issued by Headquarters, 24th Infantry Division, Fort Riley, KS, on 4 April 2003; a copy of his DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period June 1990 through May 1991; copies of various Leave and Earning Statements (LES) throughout his military service; and a copy of a DA Form 638 (Recommendation for award), dated 4 December 2006, showing award of the Meritorious Service Medal, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired master sergeant (MSG)/E-8 who initially enlisted in the Regular Army (RA) on 14 September 1982 and held military occupational specialty (MOS) 63Z (Mechanic Maintenance Supervisor).  He served in various staff and leadership positions within and outside the continental United States and was honorably retired on 31 January 2007 and placed on the retired list in his retired grade of MSG on 1 February 2007.  He was credited with over 
24 years of creditable active service.

2.  The applicant’s records also show he completed 9 years and 4 months of foreign service as follows:

	a.  He completed 6 years and 1 month of foreign service in Germany from on or about 15 October 1985 to on or about 14 November 1991; 

	b.  He completed 2 years and 3 months of foreign service in Germany from on or about 24 April 1995 to on or about 25 July 1997.  

	c.  He completed 1 year of foreign service in Korea from on or about 20 October 2004 to on or about 17 October 2005. 

3.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 9 years and 4 months of foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Meritorious Service Medal (2nd Award), the Army Commendation Medal (3rd Award), the Army Achievement Medal (6th Award), the Joint Meritorious Unit Award, the Good Conduct Medal (8th Award), the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal with three bronze service stars, the Global War on Terrorism Expeditionary and Service Medals, the Korea Defense Service Medal, the Armed Forces Service Medal, the NCO Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the NATO Medal, the Kuwait Liberation Medal (Kuwait and Saudi Arabia), and the Driver and Mechanic Badge with Mechanic Bar (3rd Award). 

5.  Item 18 (Remarks) of the applicant's DD Form 214 does not show his deployments to Southwest Asia, Bosnia, or Kuwait/Iraq. 

6.  Headquarters, National Training Center, Fort Irwin, CA, Permanent Orders Number 48-105, dated 17 February 1995, show the applicant was awarded the Meritorious Service Medal for meritorious service from 1 February 1993 to 16 March 1995.

7.  Headquarters, 2nd Infantry Division, Permanent Orders Number 245-005, dated 2 September 2005, show the applicant was awarded the Meritorious Service Medal for meritorious service from 20 October 2004 to 10 October 2005.

8.  Headquarters, Forces Command, Fort McPherson, GA, Permanent Orders Number 26-2, dated 26 January 2007, show the applicant was awarded the Meritorious Service Medal for meritorious service from 1 February 1997 to 31 January 2007.

9.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 5 November 2009, confirms the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 9 March 1997 to 5 July 1997 for service in Bosnia and from 7 April 2003 to 4 April 2004 for service in Kuwait/Iraq.

10.  The applicant's name is shown on the Gulf War Register as having served in Southwest Asia from 13 February 1991 to 10 May 1991. 

11.  The applicant submitted a copy of his DA Form 2166-7 for the period June 1990 through May 1991 which shows that he served in Southwest Asia in support of Operation Desert Shield/Storm.  He also submitted copies of his LES for December 1990 through May 1991 which show he received overseas pay and danger pay. 

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of this regulation states, in pertinent part, that item 12f shows the total amount of foreign service completed during the period covered by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD -.YYYMMDD)" will be entered in item 18.

13.  Review of the applicant's records indicates his entitlement to an additional award which is not shown on his records.


14.  Army Regulation 600-8-22 provides for award of the Overseas Service Ribbon for successful completion of overseas tours.  At the time the overseas service must not have been recognized with another U.S. service medal.  Paragraph 5-4c of this regulation states that a Soldier must be credited with a normal overseas tour completion according to Army Regulation 614-30 (Overseas Service).

15.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30.  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show his service in Southwest Asia, Bosnia, and Iraq, and award of a third Meritorious Service Medal. 

2.  The evidence of record shows the applicant was awarded three awards of the Meritorious Service Medal, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show three awards of the Meritorious Service Medal. 

3.  The applicant states that he served in Southwest Asia from 11 December 1990 to 12 May 1990.  His LES shows he received overseas pay and danger pay during this period, his NCO Evaluation Report confirms he served in Southwest Asia, and his name is shown on the Gulf War Register.  Therefore, he is entitled to correction of his DD Form 214 to show his service in Southwest Asia.

4.  The applicant states that he served in Bosnia from 10 March 1997 to 5 July 1997.  His pay records show he served in Bosnia and received HFP/IDP from 9 March 1997 to 5 July 1997.  Therefore, there is sufficient evidence to correct his records to show he served in Bosnia from 9 March 1997 to 5 July 1997
5.  The applicant states that he served in Kuwait/Iraq from 4 April 2003 to 3 April 2004.  His pay records show he received HFP/IDP from 7 April 2003 to 4 April 2004.  Therefore, there is sufficient evidence to correct his records to show he served in Kuwait/Iraq from 7 April 2003 to 4 April 2004.

6.  The evidence of record shows the applicant was credited with 9 years and 4 months of foreign service.  However, it appears that he was not credited for his period of foreign service in Kuwait/Iraq from 7 April 2003 to 4 April 2004.  Therefore, he is entitled to correction of his DD Form 214 to show an additional year of foreign service.

7.  The evidence of record shows the applicant was previously awarded two awards of the Overseas Service Ribbon.  However, he initially completed 6 years and 1 month of foreign service in Germany (two overseas service tours); he completed an overseas tour in Korea; and completed 12 months of continuous foreign/overseas service in Iraq which is sufficient to qualify him for award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show four awards of the Overseas Service Ribbon.

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0009  04  00" and adding the entry "0010  04  00";

	b.  deleting from item 13 of the applicant's DD Form 214 the entries "Meritorious Service Medal (2nd Award)" and "Overseas Service Ribbon (2nd Award" and adding the entries "Meritorious Service Medal (3rd Award)" and "Overseas Service Ribbon (4th Award)" respectively; and

	c.  adding to item 18 of the applicant's DD Form 214 the entry "Service in Southwest Asia 19901211 – 19910512," "Service in Bosnia 19970309 – 19970705," and "Service in Kuwait/Iraq 20030407 – 20040404."




      _______ _ 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)                                         AR20090012641



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ABCMR Record of Proceedings (cont)                                         AR20090012641



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