IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20110003665 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 September 2010:

	a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - include two Army Commendation Medals and add one Army Good Conduct Medal; 

	b.  Item 14 (Military Education) - add four training schools; and

	c.  Item 18 (Remarks) - add dates served in Iraq.

2.  The applicant states these items on his DD Form 214 are missing information.

3.  The applicant provides:

* two Army Commendation Medal certificates
* orders for award of the Army Good Conduct Medal
* four training certificates
* a letter from his squadron adjutant

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 2 November 2004 in pay grade E-3 for a period of 6 years.  He had previously served 7 years, 5 months, and 4 days of inactive service and 5 months and 27 days of active service in the U.S. Army Reserve.  He was assigned the military occupational specialty 25B (Information Technology Specialist).

2.  A certificate, dated 1 February 2008, awarded him the Army Commendation Medal for meritorious service while serving as a communications specialist for a Joint Task Force during Operation Iraqi Freedom from 27 November 2006 to 
15 February 2008.  The certificate cites Permanent Order 32-542, dated 
1 February 2008.

3.  He was promoted to sergeant/pay grade E-5 on 1 October 2008.

4.  A certificate, dated 10 July 2009, awarded him the Army Commendation Medal.  The certificate cites Permanent Orders #309-03.

5.  On 9 July 2010, a Physical Evaluation Board (PEB) found him to be unfit for duty.  The PEB recommended a combined disability rating of 60 percent and that he be placed on the Temporary Disability Retired List (TDRL) with a reexamination during April 2011.

6.  On 29 September 2010, he was retired and placed on the TDRL effective 
30 September 2010.  He completed 5 years, 10 months, and 28 days of active service that was characterized as honorable.  His DD Form 214 contained the following entries:

	a.  Item 12f (Foreign Service) - 0000 00 00 (zero years, zero months, and zero days);

	b.  Item 13 shows he was awarded or is authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Parachutist Badge

	c.  Item 14 shows he attended:

*  Airborne training - 3 weeks
*  Engine Equipment Repair Technician, 8 weeks, 1997
*  Information Assurance CRT PRG, 1 week, 2007

7.  The orders submitted by the applicant from Headquarters, 1st Squadron, 73rd Cavalry (Reconnaissance) (Airborne), 2nd Brigade Combat Team, Fort Bragg, NC, Permanent Orders 185-040, dated 7 July 2007, awarded him the Army Good Conduct Medal (2nd Award) for the period of service from 15 May 2004 to 
14 May 2007.

8.  The training certificates he provided show he attended:

* Information Assurance Security Officer Certification Course, 1 week, November 2004
* Information Systems Operator-Analyst, 18 weeks, April 2005
* DMS/TMS Systems Administrator, 6 weeks, June 2005
* Basic IT Networking, 1 week, June 2006

9.  An email from the Defense Finance and Accounting Service (DFAS), dated 
17 May 2011, states the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 28 November 2006 to 
16 February 2008 for Kuwait.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  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.  Among the approved campaigns are:

* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)

	c.  The Global War on Terrorism Service Medal 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 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 Global War on Terrorism Service Medal.  

	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.

11.  Appendix Q of the Joint Travel Regulations provides overseas tour length/tours of duty for Department of Defense service members.  Appendix Q does not list a tour length for Iraq.

12.  Army Regulation 614-30 (Overseas Service) provides policy and guidance on the establishment of tour lengths for overseas areas.  Table 3-2, Rule 8 states if a Soldier serves nine months in a continuous temporary change of station/temporary duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established he/she is credited with a completed tour.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  Foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  

	b.  Formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 14.  

	c.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The award certificates with order numbers show he was awarded two Army Commendation Medals.  Therefore, his DD Form 214 should indicate the Army Commendation Medal (two awards).

2.  The orders, submitted by the applicant, awarding him the Army Good Conduct Medal appear to be invalid.  Based on his enlistment date of 2 November 2004 his first period of eligibility for the award ended on 1 November 2007.  His period of eligibility for a second award was from 2 November 2007 to 1 November 2010. Because he was retired on 29 September 2010 he is not eligible for a second award.  The award of the Army Good Conduct Medal is already shown on his 
DD Form 214.  

3. He received an Army Commendation Medal for his service with a Joint Task Force during Operation Iraqi Freedom from 27 November 2006 to 15 February 2008.  DFAS indicates he received HF/IDP and CZTE from 28 November 2006 to 16 February 2008 (2006/11/28 to 2008/02/16) for Kuwait.  Therefore, there is sufficient evidence to:

* show he is authorized the Iraq Campaign Medal and two bronze service stars and the Overseas Service Ribbon
* enter 0001 02 19 (1 year, 2 months, and 19 days) in item 12f of his 
DD Form 214 
* enter Kuwait/Iraq - 2006/11/28 to 2008/02/16 in item 18 of his 
DD Form 214 

4.  Based on his service outside of Iraq he is authorized the Global War on Terrorism Service Medal.

5.  Based on his service in Iraq he is authorized the Overseas Service Ribbon.

6.  The four training certificates he submitted show completion of formal courses of instruction.  Therefore, these courses should be entered in item 14 of his 
DD Form 214.




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 correcting his DD Form 214 for the period ending 29 September 2010 by:

	a.  deleting from Item 12f the entry "0000  00  00" and replacing it with the entry "0001 02 19";

	b.  adding to Item 13 the:

* Army Commendation Medal (2 awards)
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
* Overseas Service Ribbon

	c.  adding to Item 14 the:

* Information Assurance Security Officer Certification Course, 1 week, November 2004
* Information Systems Operator-Analyst, 18 weeks, April 2005
* DMS/TMS Systems Administrator, 6 weeks, June 2005
* Basic IT Networking, 1 week, June 2006

	d.  adding to Item 18 the entry:  Service in Kuwait/Iraq from 20061128 - 20080216.

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 award of the Army Good Conduct 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)                                         AR20110003665



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003665



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1