IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100013977 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM), the Combat Action Badge, his foreign service tour in Iraq, and that he completed his first full term of service.

2.  The applicant states he was awarded the ARCOM and the Combat Action Badge during his deployment to Iraq from 16 October 2006 to 3 December 2007.  He states he received an honorable discharge and reenlisted while at Forward Operating Base (FOB) Normandy and his DD Form 214 does not correctly show he completed his first full term of service. 

3.  The applicant provides the following documentary evidence is support of his application:

	a.  DD Form 214 for the period ending 10 March 2009;

	b.  Operation Iraqi Freedom U.S. Casualties December 2006;

	c.  temporary change of station Orders Number 220-03 issued by Headquarters, 1st Cavalry Division on 8 August 2006 with manning roster;

	d.  DD Form 2766 (Adult Preventive and Chronic Care Flowsheet);

	e.  General Power of Attorney, dated 12 January 2007;

	f.  Defense Finance and Accounting Services (DFAS) Leave and Earnings Statement for the period 1 to 31 May 2008;

	g.  Federal Tax Forms W2 (Wage and Tax Statement) for 2006 and 2007;

	h.  and copies of photographs.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 April 2005 for a 3 year and 19 week period.  He completed his initial entry training and was awarded military occupational specialty 13R (Field Artillery Fire Finder Radar Operator).  

2.  On 1 March 2006, the applicant was assigned to 2nd Battalion, 82nd Field Artillery, 3rd Brigade Combat Team, 1st Cavalry Division.  His Enlisted Record Brief (ERB) shows he served as a fire finder radar operator.  His ERB is devoid of information showing his overseas service or his deployment combat duty and location.

3.  On 10 March 2009, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, section II for misconduct, civil conviction.  The DD Form 214 he was issued shows he had lost time under the provisions of Title 10, U.S. Code, section 972, from 1 January 2008 to 10 March 2009.  He received a general discharge.  The following entries are recorded on his DD Form 214:

	a.  Item 12 (Record of Service)

* Item 12c (Net Active Service This Period) 2 years, 8 months and 13 days
* item 12f (Foreign Service) 0 years, 0 months and 0 days

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): 

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

	c.  Item 18 (Remarks) does not contain any entries showing his deployment history and its location.  It does contain the mandatory entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE. 

4.  The applicant's ERB shows the aforementioned awards.  In addition, this form does not show he reenlisted.  His service record is devoid of orders awarding him the ARCOM, the Combat Action Badge, deployment or redeployment orders, or reenlistment documents showing he reenlisted while in an overseas location.

5.  DFAS maintains Soldiers financial records of all pay and allowances paid to them during their periods of service.  The DFAS computerized system shows that the applicant received hostile fire pay for service in an imminent danger pay zone from 20 October 2006 to 4 December 2007 for the country of Kuwait.  The duration for this period of foreign service is 1 year, 1 month, and 15 days.  

6.  In support of his application, the applicant provided temporary change of station orders showing his unit was assigned to U.S. Central Command, effective 1 October 2006.  He provided a personal power of attorney issued on 12 January 2007, showing he was with the Armed Forces of the United States at FOB Warhorse, Iraq.  

7.  The website, GlobalSecurity.org, shows the applicant's unit was part of the 3rd Brigade Combat Team, 1st Cavalry Division stationed in Iraq directly supporting Operation Iraqi Freedom (OIF) II in 2004, OIF 06-08 in 2007 and in 2008.  In 2007, the brigade and its elements were responsible for the Diyala Province and its capital city of Baqubah. 

8.  References:

	a.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter all awards and decorations for all periods of service from the Enlisted Record Brief and verified by the Soldier's record.  In addition, 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.  Also entered in item 18, MEMBER HAS/HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.

	b.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policies and procedures governing the various types of service obligations and participation requirements.  Paragraph 3-7 of this regulation provides that for the purpose of satisfying the active duty requirement of a statutory or contractual obligation, officers and enlisted Soldiers are credited with completing 2, 3, 4, or 5 years of active duty when they serve to within 90 days of the 2, 3, 4, or 5 year period.  

	c.  Title 10 of the U.S. Code, section 972 states, in pertinent part, that enlisted members are required to make up time lost if they desert; or are absent from their organization, station, or duty for more than one day without proper authority, as determined by competent authority; or who is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial.  The service member is liable, after his return to full duty, to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted. 

	d.  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, distinguishes 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.

	e.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  

	f.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he reenlisted while serving in Iraq and that he completed his first full term of service.  

2.  Based on his initial enlistment document, he enlisted in the Regular Army for a 3 year and 19 week period on 18 April 2005.  There is no evidence to show he reenlisted.  He was discharged on 10 March 2009.  From his date of enlistment to his discharge date, the duration is 3 years, 10 months, and 21 days.  However, he had lost time due to confinement totaling 1 year, 2 months and 10 days for the period from 1 January 2008 to 10 March 2009, giving him 2 years, 8 months, and 13 days of creditable service.  Therefore, as his initial enlistment contract in the Regular Army was for 3 years and 19 weeks, he did not complete his first full enlistment period due to his confinement.

3.  The applicant contends that he was awarded the ARCOM and Combat Action Badge.  However, there are no orders announcing these two awards in his personnel record.  Therefore, without permanent orders announcing these two awards, the applicant is not entitled to a correction of his record to show them. 

4.  Based on the evidence of record, his record should be corrected to show he served a foreign service tour in Kuwait/Iraq from 16 October 2006 to 4 December 2007 for a duration of 1 year, 1 month, and 15 days.  Based on his service in Iraq, he is entitled to the Iraq Campaign Medal with two bronze service stars based on serving in Iraq during these two campaigns:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)



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.  adding to item 12f of the applicant's DD Form 214 the entry, "01 year, 01 month, 15 days;" 

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars; and

	c.  adding to item 18 of the applicant's DD Form 214 the entry, "SERVICE IN KUWAIT/IRAQ FROM 20061020-20071204."

2.  The Board further determined that the evidence presented was 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 correcting his DD Form 214 to show he completed his first full term of service, award of the ARCOM, and the Combat Action Badge.  



      _______ _   _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)                                         AR20100013977



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ABCMR Record of Proceedings (cont)                                         AR20100013977



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