BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20120000152 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include all awards he should have been awarded, and to include his service in Iraq.

2.  The applicant states he was medically discharged, and it does not reflect all the medals and awards he earned during his honorable service.  He further states his time in Iraq is not accounted for on his separation document and he would like the following awards to be annotated:

* Army Commendation Medal (ARCOM) 
* Army Achievement Medal (AAM) Second Award 
* Overseas Service Ribbon (OSR)
* Iraq Campaign Medal (ICM) with 2 bronze service stars
* "Global War on Terrorism Medal"
* National Defense Service Medal (NDSM)

3.  The applicant provides a copy of the following:

* DD Form 214
* 3 sets of DA Form 638 (Recommendation for Award)
* 12 pages of his Defense Finance and Accounting Service Military Leave and Earnings Statement 



CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Regular Army on 3 January 2007 and was trained in and awarded military occupational specialty (MOS) 92A (Automated Logistical).  

2.  The applicant's record is void of any orders or documents related to deployment or awards related to Iraq service.  

3.  On 27 May 2010, the applicant was honorably released from active duty, in the rank of specialist/E-4, after completing 3 years, 4 months, and 25 days of active military service.  The DD Form 214 he was issued contains the entry “0000 00 00” in item 12f (Foreign Service), indicating no overseas service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists no awards related to Iraq service and item 18 (Remarks) documents no deployments.  Item 13 does show he earned one AAM during his active duty tenure.

4.  The applicant provides a copy of a DA Form 638, dated 13 January 2008.  This form shows Permanent Order No.191-070, effective 13 March 2008, awarded him the ARCOM for exceptionally meritorious service while assigned to the 3d Combat Aviation Brigade, 3d Infantry Division for combat operations in Iraq during Operation Iraqi Freedom V/VI for the period 9 May 2007 through 6 August 2008.

5.  The applicant provides an undated copy of a DA Form 638, which shows Permanent Order No. 109-02 awarded him the AAM for exceptionally meritorious achievement while supporting Alpha Company, 603d Aviation Support Battalion during pre-deployment operations for Operation Iraqi Freedom V for the period 5 March 2007 through 5 April 2007.  

6.   The applicant provides an undated copy of a DA Form 638, which shows Permanent Order No. 339-001, effective 18 December 2008, awarded him the AAM (2nd Award) for exceptionally meritorious achievement as an automated logistics specialist while assigned to Alpha Company, 603d Aviation Support Battalion during the period 27 May 2008 through 3 June 2008.

7.  During the processing of this case, a review of the applicant's Defense Finance and Accounting Service (DFAS) record shows he received hostile fire pay/imminent danger pay (HFP/IDP) from 7 May 2007 through 24 July 2008 while serving in Kuwait.  

8.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  Additionally, there are no entries in his record to indicate his commanders denied him award of the AGCM.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 13 are to add all earned military awards.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-17 provides guidance on the ICM.  It states it is authorized for service in Iraq on or after 19 March 2003 through 31 December 2011.  It states under no circumstances will members receive the GWOTEM and ICM for the same action, time period or service.  It further states that members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that award.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  A bronze service star is authorized with the ICM for each campaign a member is credited with participation in while serving in Iraq.  The following are authorized campaigns and the periods for which participation credit was granted during the applicant’s tenure of assignment:

* Iraqi Surge (10 January 2007 – 31 December 2008).

11.  Department of the Army Personnel Policy Guidance for Overseas Contingency Operations contains personnel policy guidance for members mobilized/deployed for overseas contingency operations.  Paragraph 13-6d states the Overseas Service Ribbon (OSR) may be awarded to all members who are credited with a normal overseas tour.  Paragraph 13-6e states Soldiers who deploy to the CENTCOM AOR may be authorized award of tour credit if they serve 9 months in a continuous TCS/TDY status in an areas where the unaccompanied tour length is up to 18 months, or if they serve in an isolated area where tour lengths have not been established (see AR 614-30, table 3-2, Rule 8). If applicable, the Soldier is credited with a completed tour and awarded a new date of return from overseas (DROS).

12.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

13.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

14.  Army Regulation 600-8-22 states the AGCM 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 AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to document his Iraq service and to add all awards due as a result has been carefully considered and found to have partial merit.

2.  Permanent orders awarded the applicant the ARCOM for meritorious achievement.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Permanent orders awarded the applicant the AAM for meritorious achievement on two separate occasions.  Therefore, his DD Form 214 should be corrected to show both awards.

4.  The evidence of record shows he served in both Iraq and Kuwait during the period 7 May 2007 through 24 July 2008.  As a result, item 12f and 18 of his DD Form 214 should be corrected accordingly.

5.  The record also shows the applicant received HF/IDP and CZTE for 
Kuwait/Iraq for the period 7 May 2007 through 24 July 2008, in support of Operation Iraqi Freedom V.  As a result, he is entitled to the ICM with 1 bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Army policy provides for granting overseas tour credit to members who complete 9 or more months of service in isolated areas for which a normal overseas tour length has been established.  In this case, the evidence of record confirms the applicant completed an overseas tour in Kuwait.  Therefore, it would be appropriate to show he is eligible for the OSR and to add this award to his record and DD Form 214. 

7.  Further, based on the applicant's qualifying active service outside of a designated AOE, he is also eligible for the GWOTSM and correction of his DD Form 214 to show these awards.

8.  Evidence shows the applicant served honorably during a qualifying period for award of the NDSM.  Therefore, he is entitled to the award of the NDSM and correction of his DD Form 214 to show it.

9.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active duty service from 3 January 2007 through 2 January 2010, and correction of his to add this award to his record andDD Form 214 to show it.

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.  awarding the applicant the AGCM (1st Award) for the period 3 January 2007 through 2 January 2010;
   
   b.  Item 12f – delete the current entry and replace it with the entry
“0001  02  18”;

c. Item 13 - deleting the AAM;

         d.  Item 13 – add the ARCOM, the AAM (2nd Award), OSR, ICM with 1 bronze service star, GWOTSM, NDSM, and AGCM; and

		e.  Item 18 – add the entry "SERVICE IN KUWAIT/IRAQ FROM 20070507-20080724.”  

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 Iraq Campaign Medal with 2 bronze service stars.  




      _______ _ 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)                                         AR20120000152





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ABCMR Record of Proceedings (cont)                                         AR20120000152



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