IN THE CASE OF:	

		BOARD DATE:	  06 May 2010

		DOCKET NUMBER:  AR20090018119 


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 award of the Army Commendation Medal with 2nd Oak Leaf Cluster (OLC), the Army Achievement Medal, the Driver Badge, and the Iraq and Afghanistan Campaign Medals.  He also requests that item 12f (Foreign Service) be corrected and that his deployed service in Iraq and Afghanistan be corrected in item 18 (Remarks).

2.  The applicant states that at the time of discharge he was told he would be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to complete his DD Form 214 which was issued missing significant data.  He states that his Iraq deployment was during the period 20030312-20040227 and his Afghanistan deployment was during the period 20051226-20061214.

3.  The applicant provides his DD Form 214, three Army Commendation Medal certificates with accompanying DA Forms 638 (Recommendation for Award), an Army Achievement Medal certificate, orders for the Driver Badge with (W), and two deployment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 14 June 2002.  He was awarded the military occupational specialty of heavy construction equipment operator.  The highest rank/grade he held during his tenure of service was specialist /E-4.
2.  On 31 March 2007, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 4 years, 9 months, and 17 days of active service.

3.  The applicant's DD Form 214 shows the Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.    

4.  The applicant provided certificates and associated DA Forms 638 showing he was awarded: 

	a.  the Army Commendation Medal by Permanent Orders 280-004D for the period 1 April to 12 August 2003 for meritorious service during combat operations in Iraq;

	b.  the Army Commendation Medal with first OLC by Permanent Orders 
340-27 for the period 14 December 2005 to 14 December 2006 for meritorious service while serving as an equipment operator during Operation Enduring Freedom in Afghanistan;

	c.  the Army Commendation Medal with second OLC cluster by Permanent Orders 092-014 for the period 23 December 2002 to 31 January 2007 for outstanding service; and

	d.  the Army Achievement Medal by Permanent Orders 295-35 for the period 1 August to 10 September 2006.

5.  Orders 228-26, dated 16 August 2005 show the applicant met the requirements for award of the Driver Badge with (W) for the period February 2003 to February 2004.
 
6.  Permanent Orders 058-059, dated 27 February 2003, shows his unit (the 37th Engineer Battalion) received temporary change of station orders effective 
12 March 2003 in support of Operation Enduring Freedom (OEF). 

7.  Orders 278-067, dated 5 October 2005, shows the 37th Engineer Battalion was reassigned and/or deployed on or about 27 December 2005 for 365 days in support of OEF.

8.  In the processing of this case a member of the Board's staff contacted the Defense Finance and Accounting Service (DFAS).  DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Kuwait for the period 3 April 2003 to 23 January 2004 and for service in Afghanistan for the period 14 December 2005 to 13 December 2006.

9.  The applicant states in his request that he was deployed in Iraq during the period 12 March 2003 to 27 February 2004.  He further states that he was deployed in Afghanistan during the period 26 December 2005 to 14 December 2006.

10.  The applicant's DD Form 214, item 12f, shows "0000 00 00."

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

12.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns include:

* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

13.  Regulation 600-8-22 provides that the Driver and Mechanic Badge is awarded to drivers to denote the attainment of a high degree of skill in the operation of motor vehicles.  Commanders of brigades, regiments, separate battalions and any commander in the rank of lieutenant colonel or higher may approve award of the Driver Badge.  The component bar "W" is authorized for wheeled vehicles.

14.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is to be taken from the Enlisted Record Brief or Officer Record Brief and recorded in item 12f.  Further, this regulation provides that an active duty Soldier deployed with his or her unit during their continuous period of active duty will have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant three Army Commendation Medals.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal with second OLC.

2.  The applicant was awarded the Army Achievement Medal by permanent orders.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Achievement Medal.

3.  Permanent orders awarded the applicant the Driver Badge with (W).  Therefore, he is entitled to have the Driver and Mechanic Badge with Driver-W Bar added to his DD Form 214.

4.  DFAS records show the applicant received HFP/IDP for Kuwait/Iraq during the period 3 April 2003 to 23 January 2004.  While orders in his records show he was reassigned and/or deployed on 12 March 2003, he would likely not have arrived overseas until 3 April 2003.  DFAS records also show he received HFP/IDP for Afghanistan for the period 14 December 2005 to 13 December 2006.  Therefore, the preponderance of available evidence indicates he served overseas for a total of 1 year, 9 months, and 21 days.  As such, it would be appropriate to amend item 12f of his DD Form 214 to show "0001 09 21."
 
5.  DFAS records show the applicant received HFP/IDP for Kuwait/Iraq during the period 3 April 2003 to 23 January 2004.  This is sufficient evidence to support adding this period of service to his deployed service in item 18 of his DD Form 214.

6.  The preponderance of evidence indicates the applicant was deployed to Afghanistan during the period 14 December 2005 to 13 December 2006.  As such, it would be appropriate to add this deployment on his DD Form 214.

7.  DFAS records, orders, and other evidence indicate the applicant served during a qualifying period which would entitle him to the Iraq Campaign Medal and show he participated in two campaign phases during his service in Iraq.  As such, it would be appropriate to add the Iraq Campaign Medal with two bronze service stars to his DD Form 214.

8.  DFAS records, orders, and other evidence indicate the applicant served during a qualifying period which would entitle him to the Afghanistan Campaign Medal and show he participated in two campaign phases during his service in Afghanistan.  As such, it would be appropriate to add the Afghanistan Campaign Medal with two bronze service stars to his DD Form 214.

9.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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.  adding the Army Commendation Medal with 2d OLC, the Army Achievement Medal, the Driver and Mechanic Badge with Driver-W Bar, the Iraq Campaign Medal with two bronze service stars, and the Afghanistan Campaign Medal with two bronze service stars to item 13 of his DD Form 214;

	b.  deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 09 21"; and

	c.  adding to item 18 "SERVICE IN KUWAIT/IRAQ FROM 20030401-20040123" and "SERVICE IN AFGHANISTAN FROM 20051214-20061213."

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 showing he was deployed in Iraq during the period 20030312-20040227 and in Afghanistan during the period 20051226-20061214.




      _______ _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)                                         AR20090018119



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ABCMR Record of Proceedings (cont)                                         AR20090018119



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