IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019812 


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 more than one award of the Army Commendation Medal and one award of the Army Achievement Medal.  He also requests his deployments in support of Hurricane Katrina relief operations and Operation Iraqi Freedom be shown on his DD Form 214.

2.  The applicant states:

* there are no deployments shown on his DD Form 214
* he is missing Army Commendation Medals and an Army Achievement Medal
* his unit went to Hurricane Katrina and Iraq

3.  The applicant provides:

* orders for the Army Commendation Medal
* deployment orders

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 June 2003, served as a unit supply specialist, and was released from active duty on 4 February 2008.

2.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge as authorized awards.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.  Since the Army Achievement Medal is shown on the applicant's DD Form 214, this portion of his request will not be discussed further in these proceedings.

3.  The applicant provided a copy of Headquarters, 3rd Brigade Combat Team, 82d Airborne Division, Permanent Order 045-34, dated 14 February 2008, which shows he received the Army Commendation Medal for meritorious service during the period 25 September 2004 to 4 February 2008.

4.  There are no orders for any additional awards of the Army Commendation Medal in the available records.

5.  The applicant provided temporary change of station orders which show the 3rd Brigade Combat Team deployed to Southwest Asia (Kuwait) on or about 8 August 2006.

6.  The applicant's Noncommissioned Officer Evaluation Reports (NCOER's) for the periods 1 August 2006 to 31 July 2007 and 1 August 2007 to 4 February 2008 show he was deployed in support of Operation Iraqi Freedom.

7.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay/imminent danger pay during the period 10 August 2006 through 30 November 2007 in Kuwait (total of 1 year, 3 months, and 20 days).

8.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 states individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq and 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 Operation Iraqi Freedom.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  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), and Iraqi Sovereignty (1 January 2009-date to be determined).

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It 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.  Only deployments in an imminent danger/hostile fire zone will be reflected.

11.  Army Regulation 635-5 also provides that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record.

12.  The U.S. Department of Health and Human Services website states on 28 August 2005 Hurricane Katrina hit the southern coast of the United States.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests his DD Form 214 be corrected to show more than one award of the Army Commendation Medal, orders show he received one award of the Army Commendation Medal.  Therefore, his DD Form 214 will be corrected to show one award of the Army Commendation Medal.

2.  The applicant's request to show his deployment in support of Hurricane Katrina relief operations was noted.  However, since service in support of Hurricane Katrina was not a deployment in an imminent danger/hostile fire zone, there is no basis for amending item 18 of his DD Form 214.

3.  The DFAS information and the applicant's NCOER's which show he served in Kuwait and Iraq are accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 10 August 2006 to 30 November 2007.

4.  Item 12f of the applicant's DD Form 214 should also be corrected to show he served 1 year, 3 months, and 20 days of foreign service.

5.  As a related issue and based on the applicant's service in Iraq, he is eligible for award of the Iraq Campaign Medal with two bronze service stars.

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.  deleting the entry in item 12f of his DD Form 214 and replacing it with "0001  03  20,"

	b.  adding the Army Commendation Medal and Iraq Campaign Medal with two bronze service stars in item 13 on his DD Form 214, and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20060810-20071130" to item 18 on his DD Form 214.

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 any additional awards of the Army Commendation Medal or amendment of item 18 to show a deployment in support of Hurricane Katrina relief operations.



      _________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)                                         AR20090019812



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ABCMR Record of Proceedings (cont)                                         AR20090019812



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