IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027546 


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 in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)

* one bronze service star instead of two bronze service stars on his Iraq Campaign Medal
* four awards instead of two awards of the Overseas Service Ribbon
* two awards instead of one award of the Air Medal

* Item 18 (Remarks) he served one tour in Afghanistan from September 2005 to April 2006

2.  He states he:

* only served one tour in Afghanistan from September 2005 to April 2006 instead of the three tours listed on his DD Form 214
* was awarded the Iraq Campaign Medal with two campaign stars, but only served one tour
* received two awards of the Overseas Service Ribbon, but believes it should be four awards
* was awarded a second Air Medal and he had the required flight time during his tour in Iraq

3.  He provides his DD Form 214.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 May 2002.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Alaska from 18 December 2002 through 12 December 2005.

2.  His service record does not contain any flight records or orders for a second award of the Air Medal.

3.  He was honorably discharged on 19 April 2010 after completing 7 years, 10 months, and 29 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

	a.  Item 12f (Foreign Service) the entry "0006  02  11," indicating he completed 6 years, 2 months, and 11 days of foreign service during his period of service.

	b.  Item 13, in part, he was awarded the:

* Iraq Campaign Medal with two campaign [bronze service] stars
* Afghanistan Campaign Medal with two campaign [bronze service] stars
* Air Medal
* Overseas Service Ribbon (2nd Award)

	c.  Item 18, in part, the entries:

* Service in Afghanistan 20040201 - 20041101 [1 February through
1 November 2004]
* Service in Afghanistan 20050101 - 20051231 [1 January through
31 December 2005]
* Service in Afghanistan 20060101 - 20070201 [1 January 2006
through 1 February 2007]
* Service in Iraq 20080428 - 20090801 [28 April 2008 through 1 August 2009]

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in:


* Afghanistan from 28 September 2005 through 8 March 2006 (a period of
5 months and 11 days)
* Kuwait/Iraq from 29 April 2009 through 20 June 2009 (a period of 1 month and 22 days)

5.  References:  

	a.  Army Regulation 600-8-22 (Military Awards) 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)

	b.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined)

	c.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to 


fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral "2" denotes the second award of the Air Medal.

	d.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	e.  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).

   f.  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.  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 (Remarks).  

   g.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  
   
   h.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a 


Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP and CZTE for the period      28 September 2005 through 8 March 2006 for service in Afghanistan and the applicant contends he only served one tour in Afghanistan (September 2005 to April 2006.)  However, his DD Form 214 incorrectly shows three tours in Afghanistan between 1 February 2004 and 1 February 2007.  In addition, his
DD Form 214 shows the Afghanistan Campaign Medal with two bronze service stars; however, based on his confirmed service in Afghanistan, he only participated in one campaign phase, the Consolidation I campaign that extended from 1 December 2001 through 30 September 2006.  Therefore, his DD Form 214 should be corrected to show the Afghanistan Campaign Medal with one bronze service star and his service in Afghanistan from 28 September 2005 through 8 March 2006.

2.  DFAS also confirmed the applicant received HF/IDP and CZTE for the period 29 April 2009 through 20 June 2009 for service in Kuwait/Iraq; however, his DD Form 214 incorrectly shows he served in Iraq from 28 April 2008 through 1 August 2009.  In addition, his DD Form 214 shows the Iraq Campaign Medal with two bronze service stars; however, based on his confirmed service in Kuwait/Iraq, he only participated in one campaign phase, the Iraqi Sovereignty campaign that extended from 1 January 2009 through a date to be determined.  Therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with one bronze service star and his service in Kuwait/Iraq from 29 April 2009 through 20 June 2009.

3.  As a related issue, his DD Form 214 shows in item 12f a total of 6 years,
2 months, and 11 days of foreign service.  However, the evidence of record shows he served in the following overseas areas for the periods indicated:

OVERSEAS/FOREIGN SERVICE
PERIOD (FROM/THRU)
YR(S)  MO(S)  DAY(S)
Alaska
18 Dec 2002 - 12 Dec 2005
0002  11  25
Afghanistan
28 Sep 2005 - 8 Mar 2006
0000  05  09
Kuwait/Iraq
29 Apr 2009 - 20 Jun 2009
0000  01  23

Total
0003  08  27
Therefore, based on the above, item 12f of his DD Form 214 should be corrected to show his actual foreign service.

4.  His DD Form 214 currently shows two awards of the Overseas Service Ribbon.  However, his service record is void of evidence which shows he served 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan to receive credit for a completed short tour, which would qualify him for additional award(s) of the Overseas Service Ribbon.  Therefore, there is insufficient evidence in which to grant him any additional awards of the Overseas Service Ribbon.

5.  Based on the foregoing, he is only entitled to one Overseas Service Ribbon for completing an overseas tour in Alaska.  However, it appears that an administrative error was made in the issuance of his DD Form 214 that shows the Overseas Service Ribbon (2nd Award).  It has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to effect the administrative correction to remove one of the Overseas Service Ribbons from his DD Form 214.  However, the applicant should be aware that the Proceedings will be filed in his OMPF.

6.  His service record does not contain any flight records or orders for a second award of the Air Medal.  Therefore, there is insufficient evidence in which to award him a second award of the Air Medal.

7.  While the available evidence is insufficient for awarding the applicant a second award of the Air Medal, this in no way affects his right to pursue his claim for the second award of the Air Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.



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 "0006  02  11" and replacing it with the entry "0003  06  27";

	b.  deleting from item 13 of his DD Form 214 the:

* Iraq Campaign Medal with two campaign stars
* Afghanistan Campaign Medal with two campaign stars

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

* Iraq Campaign Medal with one bronze service star
* Afghanistan Campaign Medal with one bronze service star

	d.  deleting from item 18 of his DD Form 214 the entries:

* Service in Afghanistan 20040201 - 20041101
* Service in Afghanistan 20050101 - 20051231
* Service in Afghanistan 20060101 - 20070201
* Service in Iraq 20080428 - 20090801

	e.  adding to item 18 of his DD Form 214 the entries:

* “SERVICE IN AFGHANISTAN FROM 20050928 - 20060308”
* “SERVICE IN IRAQ FROM 20090429 - 20090620”



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 adding two awards of the Air Medal and four awards of the Overseas Service Ribbon 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)                                         AR20100027546



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ABCMR Record of Proceedings (cont)                                         AR20100027546



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