IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100009859 


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 with 1st Oak Leaf Cluster (OLC), and Combat Infantryman Badge.  He also requests that item 12f (Foreign Service) be corrected to show his foreign service and item 18 (Remarks) be corrected to show his deployed service (20060808-20071011) in support of Operation Iraqi Freedom (OIF).

2.  The applicant states the information was not entered on his DD Form 214 because of the short time frame between his return from OIF and his discharge.

3.  The applicant provides:

* permanent order 005-052D
* Army Achievement Medal Certificate
* DA Form 638 (Recommendation for Award) (page 2 of 3)
* Orders 202-02 (Unit Temporary Change of Station) with attached list of unit personnel
* Orders 149-10

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 18 November 2004.  He was awarded the military occupational specialty (MOS) of indirect fire infantryman.  The highest rank/grade he held during his tenure of service was specialist/E-4.
2.  On 12 April 2008, he 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, 4 months, and 25 days of active service.

3.  His DD Form 214 shows he was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.  Item 12f (Foreign Service) does not show he completed any foreign service.  Item 18 does not show a deployment.

4.  Permanent Orders 202-02, dated 21 July 2006, show his unit (the 3d Brigade Combat Team) received temporary change of station orders assigning the unit to Central Command (CENTCOM) in Southwest Asia and Kuwait effective 8 August 2006.  Orders 149-10 show this deployment was to be for a period of between 179 and 455 days.  An attached extract of a list of those deploying Soldiers contains his name.

5.  He provided Permanent Order 005-052D, dated 5 January 2007, awarding him the Combat Infantryman Badge for service on 29 September 2006.  This order shows he was assigned to a unit in Iraq at that time.

6.  He provided a certificate and associated DA Form 638 showing Permanent Orders 094-005, dated 4 April 2007, awarded him the Army Achievement Medal with 1st OLC for meritorious service.

7.  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 11 August 2006 through 31 October 2007.

8.  Army Regulation 600-8-22 (Military Awards) 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.  

9.  According to the Awards Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

10.  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 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Achievement Medal with 1st OLC.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Achievement Medal with 1st OLC.

2.  He was awarded the Combat Infantryman Badge by a permanent order.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  DFAS records show the applicant received HFP/IDP for Kuwait during the period 11 August 2006 to 31 October 2007.  Orders show he received the Combat Infantryman Badge for service in Iraq.  While orders in his records show his unit was reassigned and/or deployed on 8 August 2006, he would likely not have arrived overseas until 11 August 2006.  Additionally, DFAS records may show a Soldier received HFP/IDP for a full month although the individual departed the imminent danger area prior to the last day of the month.  As such, it would be appropriate to have that deployment listed as "20060811-20071011" on his DD Form 214.

4.  Evidence indicates he served overseas for a total of 1 year, 2 months, and 1 day.  As such, it would be appropriate to amend item 12f of his DD Form 214 to show "0001 02 01."

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

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



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 the DD Form 214 of the individual concerned be corrected by: 

	a.  deleting the Army Achievement Medal from item 13;

	b.  adding the Army Achievement Medal with 1st OLC, Overseas Service Ribbon, and Combat Infantryman Badge to item 13;

	c.  amending item 12f of his DD Form 214 to show "0001  02  01"; and

	d.  adding "SERVICE IN KUWAIT/IRAQ FROM 20060811-20071011" to item 18.




      _______ _   _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)                                         AR20100009859



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)