IN THE CASE OF:	

		BOARD DATE:	  04 May 2010

		DOCKET NUMBER:  AR20090018134 


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) to show award of the Army Commendation Medal, Army Achievement Medal, Iraq Campaign Medal, Overseas Service Ribbon, Army Good Conduct Medal, Combat Action Badge, and his deployed service in Iraq.  He also requests the combat lifesavers course, advanced combat lifesavers course, Bradley gunner targeting system training, Warlord-LX training certification, and certified classified material training be added to his DD Form 214.
 
2.  The applicant states that upon discovering the requested entries were omitted from his DD Form 214, he was advised to submit a request for correction for a DD Form 215 (Correction to DD Form 214).  He further states that his Iraq deployment was during the period 15 December 2005-26 November 2006.

3.  The applicant provides his DD Form 214, an Iraqi Campaign Medal certificate, and an Army Commendation Medal certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 11 May 2004.  He was awarded the military occupational specialty (MOS) of fire support specialist.  The highest rank/grade he held during his tenure of service was specialist/E-4.

2.  On 10 September 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 3 years and 4 months of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on terrorism Service Medal, and the Army Service Ribbon.  Item 12f (Foreign Service) does not show he completed any foreign service.

3.  The applicant provided certificates showing he was awarded:

	a.  the Army Commendation Medal by Permanent Orders Number 211-232 for the period 4 December 2005 to 2 December 2006 for meritorious service during combat operations in Iraq and

	b.  the Iraq Campaign Medal for the period 15 December 2005 to 26 November 2006.

4.  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:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

5.  There is no evidence the applicant was ever recommended for or awarded the Army Good Conduct Medal, Army Achievement Medal, Overseas Service Ribbon, or Combat Action Badge by proper authority.

6.  Army Regulation 600-8-22 provides that 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.

7.  Army Regulation 600-8-22 provides that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who while serving in a noncombat area on or after 1 August 1981 distinguished themselves by meritorious service or achievement.

8.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

10.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  The proponent to Army Regulation 614-30, in accordance with Table 3-2, rules 6 and 8, indicates 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.  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.

11.  Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the total amount of foreign service completed during the period covered by the DD Form 214 is to be taken from the Enlisted/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 (Remarks) annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)."

12.  Army Regulation 635-5 provides for listing in item 14 (Military Education) formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  It prescribes for including the title, length in weeks, and year the course was completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-4 (The Defense Institute of Security Assistance Management) to determine its usefulness to the Soldier after transitioning from the Army.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  While there is no order or other available evidence that the applicant was awarded the Army Good Conduct Medal, based on his Army Commendation Medal, his rank, and the absence of any disqualification for award of the Army Good Conduct Medal, it can be presumed that the applicant was awarded or was eligible for award of the Army Good Conduct Medal.  As such, it would be appropriate to add this award to his DD Form 214.

3.  It appears the applicant is eligible for award of the Overseas Service Ribbon for his service in Iraq.  As such, it would be appropriate to add this award to his DD Form 214.

4.  A certificate of achievement shows he was awarded the Iraq Campaign Medal for the period 15 December 2005 to 26 November 2006.  The evidence indicates the applicant participated in two campaigns (Iraqi Governance from 29 June 2004 to 15 December 2005 and National Resolution from 16 December 2005 to 9 January 2007) 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.

5.  The evidence indicates the applicant was deployed to Iraq during the period 15 December 2005 to 26 November 2006.  As such, it would be appropriate to have that deployment listed on his DD Form 214.

6.  The evidence shows he served overseas during the period 15 December 2005 to 26 November 2006, a period of 11 months and 12 days.  As such, it would be appropriate to amend item 12f of his DD Form 214 to show "0000  11  12."



7.  There are no orders or other available evidence that the applicant was awarded the Army Achievement Medal and the Combat Action Badge.  As such, there is no basis for adding these awards to his DD Form 214.

8.  There is no available evidence the applicant successfully completed the courses he requested to have entered on his DD Form 214.  Even if he had provided sufficient documentation showing he completed the requested courses, the length of the courses, and when he completed them, only non-combat courses would meet the criteria for entry on his DD Form 214.

9.  In view of the foregoing, the applicant's records should be corrected as recommended 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, Army Good Conduct Medal, Overseas Service Ribbon, and the Iraq 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 "0000  11  12"; and

	c.  adding to item 18 "SERVICE IN IRAQ FROM 20051215-20061126."

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 awarded the Army Achievement Medal and Combat Action Badge.



      ___________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)                                         AR20090018134



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ABCMR Record of Proceedings (cont)                                         AR20090018134



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