IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100020781 


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 (ARCOM), National Defense Service Medal (NDSM), Iraq Campaign Medal (ICM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Global War on Terrorism Service Medal (GWOTSM).  He also requests his foreign service be added to his DD Form 214. 

2.  The applicant states he was awarded the medals and he served two tours in Iraq. 

3.  The applicant provides no documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 August 2002 for a period of 4 years.  He completed his training and he was awarded military occupational specialty 19K (M-1 armor crewman).  On 27 July 2007, he was discharged under the provisions of Army Regulation 635-200, chapter 3, as a result of a court-martial.

2.  The DD Form 214 he was issued at the time of his discharge shows in:

* item 12f (Foreign Service) the entry "0000  00  00"


* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon
* item 18 (Remarks) no deployment entries

3.  There are no orders for the ARCOM in the available records.

4.  Records at the Defense Finance and Accounting Service (DFAS) show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) during the period:

* 8 April 2003 through 31 March 2004 in Kuwait for 11 months and 24 days
* 7 March 2005 through 19 July 2005 in Kuwait for 4 months and 13 days

5.  There is no evidence of record which shows he served in Iraq.

6.  Army Regulation 600-8-22 (Military Awards) states the ARCOM 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.

7.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  Army Regulation 600-8-22 states the ICM 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 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:

* 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.  Army Regulation 600-8-22 states the 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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  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 other, specified criteria. 

10.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.

11.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

12.  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.  The regulation 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.

13.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  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 Kuwait, Iraq, or Afghanistan.  The document states "Question:  How long do I have to serve in Kuwait, Iraq, or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  The proponent to Army Regulation 614-30 has provided our office the following clarification statement:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq, Kuwait, or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Army Commendation Medal in the available records.  Therefore, there is insufficient evidence in which to add the ARCOM to his DD Form 214.

2.  He served a period of qualifying service for award of the National Defense Service Medal and the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Although he contends he served two tours in Iraq, there is no evidence of record and he provided no evidence to support this contention.  Therefore, there is insufficient evidence in which to add the Iraq Campaign Medal to his DD Form 214.

4.  Based on his first period of service in Kuwait from 8 April 2003 through
31 March 2004, he is entitled to the Overseas Service Ribbon and the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The DFAS information which shows he served in Kuwait is accepted as sufficient evidence in which to amend item 18 of his DD Form 214 to show he served in Kuwait.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait from 8 April 2003 through 31 March 2004 and 7 March 2005 through 19 July 2005.  In addition, item 12f of his DD Form 214 should be corrected to show he served 1 year, 4 months, and 7 days of foreign service.


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 from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0001  04  07";

	b.  adding to item 13 of his DD Form 214 the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Overseas Service Ribbon; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030408 - 20040331 and 20050307 - 20050719."

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 award of the Army Commendation Medal and the Iraq Campaign Medal and their addition to his
DD Form 214.



      ___________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)                                         AR20100020781



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ABCMR Record of Proceedings (cont)                                         AR20100020781



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