IN THE CASE OF:	  

		BOARD DATE:	   21 July 2011

		DOCKET NUMBER:  AR20110000889


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:

* three additional awards of the Army Commendation Medal (ARCOM)
* one additional award of the Overseas Service Ribbon
* award of the Afghanistan Campaign Medal
* award of the Combat Infantryman Badge (CIB)
* award of the Parachutist Badge
* service in Afghanistan in support of Operation Enduring Freedom (OEF)

2.  The applicant states his DD Form 214 was not updated while he was in Hawaii after returning from Afghanistan.

3.  The applicant provides:

* DD Form 214
* ARCOM Certificate, Headquarters, 3rd Brigade, Kandahar, Afghanistan, Permanent Order Number 359-282, dated 24 December 2004
* DA Form 638 (Recommendation for Award), Headquarters, 3rd Brigade, Permanent Order Number 359-282, dated 24 December 2004
* ARCOM Certificate, Permanent Order Number 173-008, Headquarters, 1st Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX, dated 22 June 2007
* 
DA Form 638, Headquarters, 1st Brigade Combat Team (BCT), 1st Cavalry Division, Camp Taji, Iraq, dated 1 July 2007
* ARCOM Certificate, Permanent Order Number 348-048, 1st BCT, 1st Cavalry Division, Camp Taji, Iraq, dated 14 December 2007
* DA Form 1307 (Individual Jump Record)
* Orders 237-3352, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 25 August 2003
* CIB award memorandum, dated 13 August 2004

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a 4-year term on 23 April 2003.  He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman).

2.  His Enlisted Record Brief (ERB) shows he was assigned to Schofield Barracks, HI, from 2 October 2003 through 10 March 2006.  This form also shows he maintained the special qualification identifier (SQI) P (Parachutist).

3.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay and combat zone tax exclusion while deployed to Afghanistan from 30 April 2004 through 27 April 2005.

4.  Permanent Orders 226-053, Headquarters, Combined/Joint Task Force 76, Bagram Airfield, Afghanistan, dated 13 August 2004, awarded him the CIB for engaging in active ground combat in Afghanistan during the period 29 June 2004 through 7 July 2004.

5.  Permanent Order Number 359-282, Headquarters, 3rd BCT, Kandahar, Afghanistan, dated 24 December 2004, awarded him the ARCOM for meritorious service while serving in support of Combined Task Force Bronco during OEF-V in Afghanistan from 21 April 2004 through 21 April 2005.

6.  His records show he deployed to Iraq in support of Operation Iraqi Freedom (OIF) during the period 15 November 2006 through 16 January 2008.

7.  Permanent Order Number 173-008, Commander, 1st BCT, 1st Cavalry Division, Fort Hood, TX, dated 22 June 2007, awarded him the ARCOM for meritorious achievement while serving in the 2nd Battalion, 5th Cavalry Regiment, Iraq, on 6 May 2007.

8.  Permanent Order Number 348-048, 1st BCT, 1st Cavalry Division, Camp Taji, Iraq, dated 14 December 2007, awarded him the ARCOM for meritorious service while assigned to the 1st BCT in support of OIF 06-08 from 31 October 2006 through 30 January 2008.

9.  On 20 October 2008, he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8, by reason of parenthood (lack of a viable family care plan).  The highest rank/pay grade he attained while serving on active duty was specialist/
E-4.  His DD Form 214 shows the following:

	a.  item 11 (Primary Specialty) shows his MOS at the time of his separation as 11B1P;

	b.  item 12c (Net Active Service This Period) shows he completed 5 years, 5 months, and 28 days of net active service;

	c.  item 12f (Foreign Service) shows he completed 3 years, 7 months, and 11 days of foreign service;

	d.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one campaign star
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)

	e.  item 18 (Remarks) shows the entry "SERVICE IN IRAQ 20061115-20080116."

10.  He provides:

* DA Form 1307 (Individual Jump Record) which shows he completed five airborne jumps during the period 25 August 2003 through 27 August 2003 and qualified as a basic parachutist effective 31 August 2003
* Orders 237-3352, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 25 August 2003, which authorized him to perform parachute duty during the period 8 August 2003 through 29 August 2003

11.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon 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 U.S. Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

12.  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 Iraq or Afghanistan.  This document states:  "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

13.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal 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.

14.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

15.  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.

	a.  Paragraph 2-4h(13) states that item 13 documents awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

	b.  Paragraph 2-4h(18) states that item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.

16.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

17.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of 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.  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 2009-31 August 2010)
* New Dawn (1 September 2010-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he deployed to Afghanistan from 30 April 2004 through 27 April 2005.  He served a qualifying period of service for award of the Afghanistan Campaign Medal with one campaign star; therefore, he is entitled to correction of his DD Form 214 to show this award.  Additionally, his DD Form 214 should be corrected to show the period of his deployment.

2.  The evidence of record shows he deployed to Iraq from 15 November 2006 through 16 January 2008.  He served a qualifying period of service for award of the Iraq Campaign Medal with two campaign stars; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant requests correction of his DD Form 214 to show four awards of the ARCOM – two for his service in Afghanistan and two for his service in Iraq.  The evidence of record shows he was awarded three ARCOM's – one for his service in Afghanistan and two for his service in Iraq.  His DD Form 214 shows only one award of the ARCOM.  Therefore, absent documentation showing a fourth award, he is entitled to correction of his DD Form 214 to show three awards of the ARCOM.

4.  The applicant requests correction of his DD Form 214 to show three awards of the Overseas Service Ribbon, for the successful completion of overseas tours in Hawaii, Afghanistan, and Iraq.  The evidence of record shows he was awarded two Overseas Service Ribbons and he successfully completed three overseas tours.  Therefore, he is entitled to correction of his DD Form 214 to show three Overseas Service Ribbons.

5.  Permanent Orders 226-053, Headquarters, Combined/Joint Task Force 76, Bagram Airfield, Afghanistan, dated 13 August 2004, awarded him the CIB for engaging in active ground combat in Afghanistan during the period 29 June 2004 through 7 July 2004.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The applicant requests correction of his DD Form 214 to show award of the Parachutist Badge.  The evidence of record shows he successfully completed the basic airborne course and was awarded SQI P.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the Parachutist Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* amending item 13 of his DD Form 214 to delete:

* Iraq Campaign Medal with campaign star
* Army Commendation Medal
* Overseas Service Ribbon (2nd Award)

* amending item 13 of his DD Form 214 to add:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Army Commendation Medal (3rd Award)
* Overseas Service Ribbon (3rd Award)
* Combat Infantryman Badge
* Parachutist Badge

* amending item 18 of his DD Form 214 to add "SERVICE IN AFGHANISTAN FROM 20040430-20050427"

2.  The Board further determined the evidence presented is 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 a fourth award of the Army Commendation Medal.



      _______ _   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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20110000889



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