BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019811 


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 his service in Iraq from 25 February 2008 to 2 February 2009 in support of Operation Iraqi Freedom (OIF).

2.  The applicant states that his DD Form 214 does not show his service in support of OIF.

3.  The applicant provides a copy of his DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period from 2 February 2008 through 4 February 2009; a copy of Orders 08-032-0001, issued by Headquarters, 38th Regional Support Command, Corapolis, PA, on 1 February 2008; a copy of his DD Form 214, dated 31 August 2009; copies of Permanent Orders 007-005 and 245-004, issued by the Multi-National Security Transition Command - Iraq, on 7 January 2009 and 1 September 2008, respectively; and a copy of Orders C-03-904125, issued by the U.S. Army Human Resources Command (HRC)-STL, on 2 March 2009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Having had prior active service that included two overseas tours in Germany and Alaska, the applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 21 February 1999 and held military occupational specialties 89B (Ammunition Specialist) and 92Y (Supply Sergeant).  He served through multiple reenlistments in the USAR and attained the rank of sergeant first class (SFC).

2.  His records also show he was ordered to active duty on 26 September 2004 in an Active Guard Reserve (AGR) status and he was assigned to the 321st Ordnance Battalion, Charleston, WV.

3.  On 1 February 2008, he was ordered reassigned to the USAR Augmentation Unit for the purpose of deployment to Iraq in support of OIF for a period not to exceed 400 days, beginning on or about 10 February 2008.

4.  He was honorably retired from active duty on 31 August 2009 and he was placed on the retired list in his retired rank of SFC on 1 September 2009.  The DD Form 214 he was issued shows he completed over 20 years of creditable active service.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) of his DD Form 214 does not show he completed any foreign service. 

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Defense Meritorious Service Medal, Meritorious Service Medal (2nd Award), Army Commendation Medal (3rd Award), Army Achievement Medal (2nd Award), Good Conduct Medal (5th Award), National Defense Service Medal (2nd Award), Global War on Terrorism Service Medal, NCO Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (2nd Award), and Combat Action Badge. 

	c.  Item 18 (Remarks) does not show he served in a hostile fire pay/imminent danger pay (HFP/IDP) area.

5.  An email 7 April 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms he received HFP/IDP from 24 February 2008 to 7 February 2009 for service in Kuwait.

6.  He submitted the following documents:

	a.  A copy of his DA Form 2166-8 for the period from 2 February 2008 through 4 February 2009 that shows he was assigned to the Multi-national Security Transition Command - Iraq as an ammunition NCO in support of OIF.

	b.  A copy of Permanent Orders 007-005, dated 7 January 2009, awarding him the Defense Meritorious Service Medal for meritorious service in Iraq.

	c.  A copy of Permanent Orders 245-04, awarding him the Combat Action Badge for actively engaging or being engaged by the enemy on 29 April 2008 in Iraq.

7.  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.  Chapter 2 of this regulation states, in pertinent part, that item 12f shows the total period of active duty outside continental United States during the period covered by the DD Form 214.  Additionally, for an active duty Soldier deployed with his/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.

8.  Army Regulation 600-8-22 (Military Awards) states that the Iraq Campaign Medal is awarded to members who have served in direct support of 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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

9.  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 (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, 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."

10.  Army Regulation 600-8-22 states that 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Kuwait/Iraq in support of OIF from 25 February 2008 to 2 February 2009.  His pay records show he received HFP/IDP for service in Kuwait from 24 February 2008 to 7 February 2009.  Additionally, his NCOER and awards clearly show he deployed to Kuwait/Iraq in support of OIF.  Therefore, there is sufficient evidence to correct his records to show he completed a period of 11 months and 13 days of foreign service in Kuwait/Iraq from 24 February 2008 to 2 February 2009.

2.  He served in Kuwait/Iraq from 24 February 2008 to 2 February 2009.  Therefore, he served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show it.  Additionally, he participated in the Iraqi Surge and Iraqi Sovereignty campaigns and is therefore entitled to two bronze service stars to be affixed to the Iraq Campaign Medal.

3.  He previously served overseas in Germany and Alaska and he was awarded two awards of the Overseas Service Ribbon upon his discharge in 1996.  However, he also completed 11 months and 13 days 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 a third award 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 "0000  00  00" and adding the entry "0000  11  13";

	b.  deleting from item 13 of his DD Form 214 the Overseas Service Ribbon (2nd Award); 

	c.  adding to item 13 of his DD Form 214 awards of the Iraq Campaign Medal with 2 bronze service stars and the Overseas Service Ribbon (3rd Award), and 

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ 20080224 - 20090202."



      _______ _   _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)                                         AR20090019811



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ABCMR Record of Proceedings (cont)                                         AR20090019811



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