BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100012387 


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 deployment history and the following awards:

* Purple Heart (PH)
* Army Commendation Medal (ARCOM) (Third Award)
* Combat Infantryman Badge (CIB)

2.  The applicant states his awards and deployment history were inadvertently omitted from his DD Form 214 when he was outprocessing.

3.  The applicant provides:

* a Soldier Deployment History Outprocessing Report, dated 24 February 2009
* Permanent Orders 044-001, dated 13 February 2008
* Permanent Orders 178-002, dated 27 June 2007
* Permanent Orders 32-426, dated 1 February 2008
* Permanent Orders 32-559, dated 1 February 2008
* his DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 March 2004.  He completed training as an infantryman.  He deployed to Iraq on 16 July 2005.

2.  The applicant returned to the continental United States (CONUS) on
1 November 2005 and he was assigned to Fort Bragg, NC.  He redeployed to Iraq on 26 November 2006.

3.  On 27 June 2007, Permanent Orders 178-002, issued by Joint Task Force, Balad, Iraq, awarded the applicant the ARCOM for exceptionally meritorious achievement while serving as a rifleman in support of Operation of Operation Iraqi Freedom (OIF) on 7 February 2007.

4.  On 1 February 2008, Permanent Orders 32-426, issued by Fort Bragg, awarded the applicant the ARCOM for exceptionally meritorious achievement as a rifleman in support of OIF from 10 December 2007 to 12 December 2007.

5.  On 1 February 2008, Permanent Orders 32-559, issued by Fort Bragg, awarded the applicant the ARCOM for meritorious service while serving as an infantryman during OIF from 27 November 2006 to 15 February 2008.

6.  On 13 February 2008, Permanent Orders 044-001, issued by Headquarters, Joint Task Force, awarded the applicant the PH for wounds received in action on 5 February 2008.

7.  The applicant returned to CONUS on 14 February 2008.

8.  On 25 February 2009, the applicant was discharged under the provisions of Army Regulation Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the PH, any ARCOM's, or the CIB.  Additionally, item 12f (Foreign Service) does not show any foreign service during his period of service.

9.  A review of the available records does not reveal orders awarding the applicant the Combat Infantryman Badge.  However, his Enlisted Record Brief (ERB) shows he was awarded the Combat Infantryman Badge and it is not listed on his DD Form 214.

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty or discharge.  It states for item 12f, enter the total amount of foreign service completed during the period of service covered by the DD Form 214.

11.  Army Regulation 635-5 also states for item 13, enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

12.  Army Regulation 635-5 further 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 (Remarks).

13.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) 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 ICM 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 are the:

* 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)

14.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

15.  Army Regulation 600-8-22 further states that service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the
30 consecutive or 60 nonconsecutive day requirement.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

16.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) 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.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

17.  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 OSR?  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 6 and 8.  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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions have been considered and have been found to contain merit.
2.  The applicant served a total of 1 year, 7 months, and 5 days of foreign service during his period of service.  Therefore, item 12f should be corrected to show total foreign service time.

3.  The available records show that he was awarded the PH, three awards of the ARCOM, and the CIB.  Therefore, item 13 his DD Form 214 should be corrected to show these awards

4.  The applicant is entitled to the GWOTEM for his first tour in Iraq and the ICM with three bronze service stars for his second tour in Iraq.  He also completed a qualifying period of service for the OSR.  Therefore, item 13 of his DD Form 214 should also be corrected to show these awards.

5.  The applicant deployed to Iraq from 16 July 2005 through 1 November 2005 and from 26 November 2006 through 14 February 2008.  Therefore, item 18 of his DD Form 214 should be corrected to show his periods of deployment.

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 replacing it with the entry "0001  07  05";

	b.  adding to item 13 of his of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal (Third Award)
* Iraq Campaign Medal with three bronze service stars
* 
Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon
* Combat Infantryman Badge

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20050716-20051101 AND FROM 200611226-20080214."



      _________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)                                         AR20100012387



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ABCMR Record of Proceedings (cont)                                         AR20100012387



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