BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100026337 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his second tour of duty in Iraq in item 12f (Foreign Service) and any awards and decorations to which he is entitled in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).

2.  He states his DD Form 214 does not accurately reflect the campaigns in which he participated or all of the awards and decorations he earned while serving his country.

3.  He provides DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  His record shows he enlisted in the Regular Army on 10 March 2004 and held military occupational specialty 19K (M1 Armor Crewman).  He was released from active duty (REFRAD) on 11 November 2008 and transferred to U.S. Army Control Group (Reinforcement) after completing 4 years, 8 months, and 2 days of creditable service.  At the time of his REFRAD, he held the rank/pay grade of specialist/E-4.

2.  His DD Form 214 contains the following information:

	a.  Item 12f shows he served overseas 0 years, 11 months, and 17 days.

	b.  Item 13 shows he was awarded or authorized to wear the U.S. Army/U.S. Air Force Presidential Unit Citation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), Army Service Ribbon, Overseas Service Ribbon, and Combat Action Badge.

	c.  Item 18 (Remarks) shows he served in Iraq on two occasions:

		(1)  from 2 February 2005 to 18 January 2006 [a period of 11 months and 17 days]; and

		(2)  from 10 May 2007 to 10 August 2008 [a period of 1 year, 3 months and 1 day].

3.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the aforementioned periods of deployment to Iraq.

4.  The applicant's service record contains a DA Form 4980-14 (Army Commendation Medal Certificate) which shows he was awarded the Army Commendation Medal for meritorious service during the period 9 May 2007 to 15 August 2008 on Permanent Order Number 002-219 issued by Headquarters, 2nd Brigade Combat Team on 2 January 2008.

5.  Army Regulation 600-8-22 (Military Awards) provides that 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 designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty 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.

6.  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 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.  

7.  Army Regulation 600-8-22 states the Iraq Campaign Medal (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 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)

8.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

9.  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.  According to the Awards Branch at 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).  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

10.  Army Regulation 614-30, Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

11.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form;

	b.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; and

	c.  for item 18, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his foreign service in Iraq and any awards and decorations to which he is entitled.

2.  His DD Form 214 shows he served in Iraq from 2 February 2005 to 18 January 2006 [a period of 11 months and 17 days]; and from 10 May 2007 to 10 August 2008 [a period of 1 year, 3 months and 1 day].  A query of his MMPA maintained by DFAS revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during these periods.  Therefore, he is entitled to correction of Item 12f of his DD Form 214 to show a total of 2 years, 2 months and 18 days of foreign service.

3.  Permanent orders awarded him the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Evidence shows he served a qualifying period of service for award of the GWOTEM during his first deployment to Iraq and was recognized accordingly.

5.  Evidence shows that during his second deployment he served a qualifying period of service in Iraq for award of the ICM and that he participated in one campaign.  Therefore, he is entitled to correction of his records to show the ICM with one bronze service star.  Evidence also shows this same period of time qualified him for award of the GWOTEM.  However, Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

6.  Evidence shows that during his second deployment he served a qualifying period of service in Iraq for award of a second OSR.  Therefore, he is entitled to correction of his records to show the OSR with Numeral 2.  

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 the current entry in item 12f of his DD Form 214 and adding the entry "0002  02  18";

	b.  deleting the Overseas Service Ribbon from item 13 of his DD Form 214; and

	c.  adding the Army Commendation Medal, the Iraq Campaign Medal with one bronze service star, and the Overseas Service Ribbon with Numeral 2 to item 13 of 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)                                         AR20100026337





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ABCMR Record of Proceedings (cont)                                         AR20100026337



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