IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20100021893 


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 reconsideration of his earlier request for a second bronze service star for wear on his Iraq Campaign Medal (ICM) and an end date of service in Iraq of 15 July 2008.  

2.  He states:

   a.  He is entitled to a second bronze service star on his ICM per Military Personnel Message Number 08-123.
   
   b.  The approved designated ICM campaign phases and inclusive periods are the Iraqi Governance (29 June 2004 to 15 December 2005) and the National Resolution (16 December 2005 to a date to be determined).
   
   c.  Both of his deployments in support of Operation Iraqi Freedom (OIF) fall within the dates of these ICM campaign phases.
   
   d.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) incorrectly reflects his deployment dates to Iraq as 6 June 2007 to 15 July 2007 instead of 6 June 2007 to 15 July 2008.
   
   e.  He didn’t mention deployment to Afghanistan because he has never been to Afghanistan.

   f.  The pay records of the 1st Brigade, 82nd Airborne Division were incorrect and his unit didn’t leave Iraq on 30 April 2008 and arrive in Afghanistan on 1 May 2008.
   
3.  He provides:

* an award certificate for the Army Commendation Medal
* his Soldier Deployment History Outprocessing Report
* his Noncommissioned Officer Evaluation Report (NCOER) for the period
1 October 2007 through 31 July 2008
* his unit's Temporary Change of Station (TCS) orders, dated 23 May 2007, with a by-name listing including his name
* his Enlisted Record Brief (ERB) 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009326 on 3 December 2009.

2.  The applicant provides new arguments and his NCOER and TCS orders as new evidence that will be considered by the Board.  

3.  His ERB shows overseas/deployment combat duty in Iraq from 31 January 2005 to 1 February 2006.

4.  Orders 143-03, dated 23 May 2007, show his unit, 1st Brigade Combat Team, was deployed to Southwest Asia and Iraq in support of OIF, effective on or about 3 June 2007.

5.  His ERB also shows overseas/deployment combat duty in Iraq from 6 June 2007 to 15 July 2008.  

6.  His Soldier Deployment History Outprocessing Report, dated 30 July 2008, shows the dates of his deployments as "named operation" for the purpose of "war" from 6 June 2007 through 15 July 2008 with WABHG0.  [WABHG0 is the unit identifier code for Company G (Forward Support), 307th Forward Support Battalion, 82nd Airborne Regiment, 1st Brigade].

7.  His NCOER for the period covering 1 October 2007 through 31 July 2008 shows he served as a wheeled vehicle mechanic and supported Operation Iraqi Freedom 07-09.  
8.  His award certificate shows he was awarded the Army Commendation Medal for meritorious service while assigned to the 1st Brigade Combat Team, 82nd Airborne Division during Operation Iraqi Freedom Rotation 07-09 during the period 8 July 2007 to 8 September 2008.

9.  Information obtained from the Defense Finance and Accounting Service (DFAS) revealed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for the following periods:

* Kuwait/Iraq - 2 February 2005 through 23 January 2006 and 8 June 2006 through 30 April 2008
* Afghanistan - 1 May 2008 through 15 July 2008

10.  His DD Form 214 shows, in part, he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) and ICM with one bronze service star.  

11.  Item 18 (Remarks) of his DD Form 214 shows the entries “SERVICE IN IRAQ 20050201-20060202” and “SERVICE IN IRAQ 20070606-20070715.”

12.  As a result of his original case, he was issued a DD Form 215 (Correction to DD Form 214), dated 8 March 2010, which corrected his DD Form 214 by:

   a.  amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) by:
   
   (1)  deleting the Army Achievement Medal (3rd Award)
   
   (2)  adding award of the Army Achievement Medal (4th Award), 
Afghanistan Campaign Medal with one bronze service star, and Expert Marksmanship Qualification Badge with Carbine Bar and
   
   b.  amending item 18 by:
   
   (1)  deleting the entries “SERVICE IN IRAQ 2005-20060202” and 
“SERVICE IN IRAQ 20070715”
   
   (2)  adding the entries “SERVICE IN IRAQ FROM 20050202 - 20060123"; 
"SERVICE IN IRAQ FROM 20060608 - 20080430"; and "SERVICE IN AFGHANISTAN FROM 20080501 - 200800715."
   


13.  On 23 February 2011, a member of the Board’s staff contacted the applicant to inform him that by regulation, both the GWOTEM and ICM with two bronze service bars could not be awarded for the same period of service in Iraq and that he could choose either for his Iraq service.  He preferred to retain the GWOTEM and ICM with one bronze service star.  He also stated he was not eligible for the Afghanistan Campaign Medal (ACM).   

14.  MILPER Message Number 08-123, issued on 30 April 2008, provides guidance on the criteria, applicability, and standards on awarding and wear of service stars on the ACM and the ICM.  In part it states:

	a.  no ACM/ICM will be awarded to Army Soldiers without at least one service star;

	b.  should the Soldier’s initial inclusive period of deployment overlap one or more of the approved campaign phases, the Soldier is credited for participation in each applicable phase and he/she will be entitled to the appropriate number of service stars;

	c.  one bronze service star shall be worn on the suspension and campaign ribbon of the ICM/ACM for one or more days of participation in each designated campaign phase; the service star is not authorized for wear on the GWOTEM;

	d.  the approved designated ICM campaign phases and inclusive periods 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214, as amended, currently reflects award of the GWOTEM, the ICM with one bronze service star, and the ACM with one bronze service star.

2.  He was awarded the GWOTEM for his first deployment to Kuwait/Iraq from 2 February 2005 to 23 January 2006.

3.  Based on his second deployment to Iraq, he was awarded the ICM with one bronze service star for participation in the National Resolution (16 December 2005 - 9 January 2007).  

4.  He served a period of qualifying service (his initial deployment) in Iraq for a second bronze service star for wear on his ICM.  However, the Military Awards regulation directs that no service member shall be entitled to award of the ICM and the GWOTEM for the same act, achievement or period of service.  

5.  He has requested to retain award of the GWOTEM and the ICM with one bronze service star in lieu of being awarded the ICM with two bronze service stars for service in Iraq.  

6.  His ERB confirms he served in Iraq from 6 June 2007 to 15 July 2008.  This document is accepted as sufficient as a basis on which to correct his DD Form 214 to reflect the end date of his second deployment to Iraq as 15 July 2008.  

7.  His contention that he has never been to Afghanistan is acknowledged and is supported by the evidence of record, his ERB.

8.  The previous Board decision granted him award of the ACM with one bronze service star based on service in Afghanistan.  Additionally, item 18 of his DD Form 214 was amended to show service in Afghanistan for the period 1 May 2008 to 15 July 2008.  

9.  It appears the DFAS military pay records indicating he received HFP/IDP and CTZE for service in Afghanistan from 1 May 2008 through 15 July 2008 may be in error.  His service record does not indicate he ever served in Afghanistan.  

10.  Therefore, it would be appropriate to void the DD Form 215, dated 8 March 2010, and to issue him a new DD Form 215 to correct his DD Form 214 by:

   a.  deleting the Army Achievement Medal (3rd award) from item 13;

	b.  deleting the entry "SERVICE IN IRAQ 20070606 - 20070715" from item 18;

	c.  adding award of the Army Achievement Medal (4th award) and Expert Marksmanship Qualification Badge with Carbine Bar to item 13; and

   d.  adding the entry SERVICE IN IRAQ 20070606-20080715” to item 18.  



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.  voiding the DD Form 215, dated 8 March 2010;

	b.  issuing him a new DD Form 215 to correct his DD Form 214 by:

		(1)  deleting the Army Achievement Medal (3rd award) from item 13;

		(2)  deleting the entry "SERVICE IN IRAQ 20070606 - 20070715" from item 18;

		(3)  adding award of the Army Achievement Medal (4th award) and Expert Marksmanship Qualification Badge with Carbine Bar to item 13; and

		(4)  adding the entry SERVICE IN IRAQ 20070606-20080715” to item 18.  

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 a second bronze service star for wear on ICM.  



      _______ _   _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)                                         AR20100021893





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100021893



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1