IN THE CASE OF:	  

		BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090018729 


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 Purple Heart and his service in Iraq.

2.  The applicant states the orders for the Purple Heart were not received on time and his service in Iraq is not listed.

3.  The applicant provides a copy of his DD Form 214, dated 23 October 2008; a copy of Permanent Orders 278-063 awarding him the Purple Heart, dated 5 October 2005; and a copy of his Soldier Deployment History Outprocessing Report, dated 29 September 2009, in support of his request.

4.  On 14 April 2010, the applicant stated telephonically that his dates of service in Iraq were from 7 June 2007 to 18 July 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 18 May 2004 and held military occupational specialty 11B (Infantryman).  He was assigned to Company A, 2nd Battalion, 504th Infantry Regiment (Airborne), Fort Bragg, NC.

2.  He was honorably released from active duty on 23 October 2008 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  His DD Form 214 shows the following entries:

	a.  Item 12f (Foreign Service) shows the entry, "0002 00 19," indicating he completed 2 years and 19 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Iraq Campaign Medal, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization Medal, Combat Infantryman Badge, and Parachutist Badge.  

	c.  Item 18 (Remarks) shows the entry, "SERVICE IN AFGHANISTAN 20050412–20060317," indicating he completed 11 months and 6 days of foreign service in Afghanistan.

3.  Headquarters, Combined/Joint Task Force 76, Afghanistan, Permanent Orders 278-063, dated 5 October 2005, awarded him the Purple Heart for wounds received in action on 17 September 2005.

4.  An electronic mail message, dated 12 March 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms he received imminent danger pay/hostile fire pay for service in Afghanistan from 10 April 2005 to 5 March 2006 and from 7 June 2007 to 30 July 2008 for service in Kuwait/Iraq.

5.  He submitted a copy of his Soldier Deployment History Outprocessing Report, dated 29 September 2009, which shows he served in two named operations outside the United States from 8 April 2005 to 5 March 2006 and from 1 June 2007 to 21 July 2008.

6.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

7.  Headquarters, 1st Brigade Combat Team, 82nd Airborne Division,  Permanent Order Number 093-36, dated 25 July 2008, awarded him the Army Commendation Medal for meritorious service during Operation Iraqi Freedom from 5 June 2007 to 23 October 2008.

8.  Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, Permanent Order Number 167-16, dated 23 October 2008, awarded him the Army Commendation Medal for meritorious service from 18 May 2004 to 23 October 2008.

9.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

10.  Military Personnel Message Number 08-123, dated 30 April 2008, designated three campaigns for the Afghanistan Campaign Medal:  Liberation of Afghanistan from 11 September 2001 to 30 November 2001, Consolidation I from 1 December 2001 to 30 September 2006, and Consolidation II from 1 October 2006 to a date to be determined.  Furthermore, Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each credited campaign.

11.  Military Personnel Message Number 10-078, dated 16 March 2010, designated six campaigns for the Iraq Campaign Medal:  Liberation of Iraq from 19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, National Resolution from 16 December 2005 to 9 January 2007, Iraqi Surge from 10 January 2007 to 31 December 2008, and Iraqi Sovereignty from 1 January 2009 to a date to be determined.  Furthermore, Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each credited campaign.

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, 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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

13.  A Frequently Asked Questions posting 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 posting 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 (Overseas Service).  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, Table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

14.  Paragraph 1-19 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  However, the award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her 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 states that 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-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and his service in Iraq.

2.  Permanent orders awarded him the Purple Heart for wounds received in action on 17 September 2005 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His records show he completed a period of service that qualifies him for award of the Global War on Terrorism Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Permanent orders awarded him two awards of the Army Commendation Medal, one of which is not shown on his DD Form 214.  However, both awards were awarded for service and contain an overlapping period of service.

	a.  It appears that his first Army Commendation Medal should have been awarded for achievement.  Therefore, Permanent Orders Number 093-36, issued by Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, on 25 July 2008, should be amended to show achievement instead of service.

	b.  He is entitled to correction of his DD Form 214 to show two awards of the Army Commendation Medal.

5.  His records show he was awarded the Iraq Campaign Medal.  He also participated in one campaign (Iraqi Surge) during his service in Iraq.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Iraq Campaign Medal.

6.  His records show he was awarded the Afghanistan Campaign Medal.  He also participated in one campaign (Consolidation I) during his service in Afghanistan.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal.

7.  He stated that he served in Iraq from 7 June 2007 to 18 July 2008.  His DD Form 214 credited him with 2 years and 19 days of foreign service, 11 months and 6 days (20050412-20060317) of which was served in Afghanistan, thus leaving 1 year, 1 month, and 13 days of foreign service in Iraq. 
This period of service is consistent with his contention as well as his Soldier Deployment History Outprocessing Report and pay records.  Therefore, he is entitled to correction of his DD Form 214 to show his service in Iraq from 7 June 2007 to 18 July 2008.

8.  The evidence of record shows he completed 11 months and 6 days of foreign service in Afghanistan which qualified him for one award of the Overseas Service Ribbon.  He also completed 1 year, 1 month, and 13 days of consecutive service in Iraq which qualifies him for a second award of the Overseas Service Ribbon and correction of his records to show this award.

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.  amending Permanent Orders Number 093-36, issued by Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, on 25 July 2008, to show achievement instead of service;

	b.  deleting from item 13 of his DD Form 214 the entries Army Commendation Medal and Overseas Service Ribbon;

	c.  adding to item 13 of his DD Form 214 the Purple Heart, Army Commendation Medal (1st Oak Leaf Cluster), Overseas Service Ribbon (2nd Award), Global War on Terrorism Service Medal, one bronze service star to be affixed to his already-awarded Iraq Campaign Medal, and one bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal; and

	d.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN KUWAIT/
IRAQ 20070607-20080718."



      _________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)                                         AR20090018729



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090018729



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1