IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120001338 


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 of Discharge from Active Duty) for the period ending on 17 May 2010 to show the:

* Valorous Unit Award (VUA)
* Combat Action Badge (CAB)
* Army Achievement Medal (AAM)
* Armed Forces Expeditionary Medal (AFEM)
* Iraq Campaign Medal (ICM) with two bronze service stars

2.  The applicant states the service medals and commendations were not listed on his DD Form 214.

3.  The applicant provides:

* Certificate, citation, and memorandum for award of the VUA
* Orders 087-02, issued by Headquarters, 4th Infantry Division, Fort Hood, TX, dated 27 March 2003
* Support letter, dated 31 January 2011
* Certificate for award of the AAM
* DA Form 638 (Recommendation for Award), dated 3 July 2003


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 August 2000 for a period of 3 years and he held the military occupational specialty 14R (Bradley Linebacker Crewmember).  He was assigned to C Battery, 1st Battalion, 44th Air Defense Artillery Regiment from 3 July 2001 to 20 December 2003.

2.  He provided a DA Form 638, dated 3 July 2003, that shows Permanent Order Number 362-001, issued by the 44th Air Defense Artillery Regiment, Tikrit, Iraq, dated 28 December 2003, awarded him the AAM for meritorious service for the period 3 July 2001 to 20 December 2003.  This form shows he served on two deployments with his unit.  The first was to Kuwait in support of Operation Desert Spring and the second to Kuwait/Iraq in support of Operation Iraqi Freedom (OIF).

3.  He was honorably released from active duty on 20 December 2003 at the completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

* item 12f (Foreign Service) the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal (NDSM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon (ASR)
* Army Lapel Button

4.  Permanent Orders 212-144, issued by Headquarters, 7th Infantry Division, Fort Carson, CO, dated 26 September 2005, awarded him the CAB for actively engaging or being engaged by the enemy from 4 April 2003 to 8 August 2003.

5.  On 15 September 2006, he reenlisted in the Oregon Army National Guard (ORARNG) for a period of 6 years and he was assigned to Company C,
1st Battalion, 186th Infantry Regiment.

6.  His record contains a DA Form 638, dated 25 June 2007, that shows Permanent Order Number 177-06, issued by Headquarters, 1st Battalion, 186th Infantry Regiment, dated 26 June 2007, awarded him the AAM for exceptional achievement during the period 19 June 2007 to 30 June 2007.

7.  Orders Number 097-032, issued by the Oregon Military Department, Joint Forces Headquarters, dated 7 April 2009, ordered him to active duty effective
2 May 2009 in support of OIF.  He subsequently served in Kuwait/Iraq from
10 July 2009 to 16 April 2010.

8.  He was honorably released from active duty on 17 May 2010.  He completed 1 year and 16 days of net active service this period.  The DD Form 214 he was issued at the time shows in:

* item 12f the entry "0000  09  07"
* item 13 the:

* Army Commendation Medal 
* AAM
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* NDSM
* GWOTSM
* Iraq Campaign Medal with 1 bronze service star
* Noncommissioned Officer Professional Development Ribbon
* ASR
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Air Assault Badge

9.  Department of the Army General Orders (GOs) Number 2009-08, dated 
29 December 2009, awarded the applicant's unit, 1st Battalion, 44th Air Defense Artillery Regiment, the VUA for service during the period 26 March 2003 to 
6 November 2003.

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

* Kuwait from 17 December 2001 to 1 May 2002
* Kuwait/Iraq from 9 April 2003 to 25 August 2003
* Kuwait/Iraq from 11 July 2009 to 17 April 2010

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The AFEM may be authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations.  The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved.  No individual will be eligible for both the AFEM and a campaign medal awarded during a single tour in the designated operation.  Designated U.S. military operations in Southwest Asia include Operation Desert Spring (31 December 1998 - 18 March 2003).

	b.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 50 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	c.  The ICM is awarded to members who have served in direct support of OIF.  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.  The following approved campaigns were authorized during his two periods of service in Kuwait/Iraq:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Sovereignty (1 January 2009-31 August 2010)

	d.  Service members 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 medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18 (Remarks), for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Kuwait from
17 December 2001 to 1 May 2002 and then in Kuwait/Iraq from 9 April 2003 to 25 August 2003 for a total of 9 months and 2 days of foreign service.  Therefore, his DD Form 214 for the period ending 20 December 2003 should be corrected to show this foreign service.

2.  Based on his deployments, his DD Form 214 for the period ending on
20 December 2003 should also be corrected to add the entries "SERVICE IN KUWAIT FROM 20011217-20020501" and "SERVICE IN KUWAIT/IRAQ FROM 20030409-20030825."

3.  General orders awarded his unit the VUA during his period of assignment.  Therefore, his DD Form 214 for the period ending 17 May 2010 should be corrected to show this unit award.

4.  Permanent orders awarded him the CAB.  Therefore, his DD Form 214 for the period ending 17 May 2010 should be corrected to show this award.

5.  His record contains permanent orders for two awards of the AAM; however, only one of these awards is listed on his DD Form 214 for the period ending
17 May 2010.  Therefore, his DD Form 214 for the period ending 17 May 2010 should be corrected to show the AAM (2nd Award).

6.  He participated in a designated U.S. military operation in Southwest Asia for entitlement to the AFEM.  Therefore, his DD Form 214 for the period ending
17 May 2010 should be corrected to show this award.

7.  The applicant completed two periods of service in Kuwait/Iraq from 9 April 2003 to 25 August 2003 and from 11 July 2009 to 17 April 2010.

	a.  His first period of service from 9 April to 25 August 2003 qualifies him for the GWOTEM.  Therefore, his DD Form 214 for the period ending 17 May 2010 should be corrected to show this award.
	b.  His second period of service from 11 July 2009 to 17 April 2010 qualifies him for the ICM.  Additionally, during this period of service he participated in one campaign (Iraqi Sovereignty).  Therefore, he is entitled to the ICM with one bronze service star, which is properly annotated on his DD Form 214 for the period ending 17 May 2010.

8.  The applicant is not entitled to a second bronze service star on his ICM since he is being awarded the GWOTEM for his first period of service in Kuwait/Iraq and there is no bronze service star authorized with the GWOTEM.  However, the applicant is advised that should he desire the ICM with two bronze service stars in lieu of the GWOTEM and the ICM with one bronze service star, he may reapply to this Board.

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 partial 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 for the period ending
20 December 2003 the current entry and replacing it with the entry
"0000  09  02";

	b.  adding to item 18 of his DD Form 214 for the period ending 20 December 2003 the entries:

* SERVICE IN KUWAIT FROM 20011217-20020501
* SERVICE IN KUWAIT/IRAQ FROM 20030409-20030825

	c.  deleting from his DD Form 214 for the period ending 17 May 2010 the Army Achievement Medal; and


	d.  adding to his DD Form 214 for the period ending on 17 May 2010 the:
* Army Achievement Medal (2nd Award)
* Armed Forces Expeditionary Medal 
* Global War on Terrorism Expeditionary Medal
* Valorous Unit Award 
* Combat Action Badge 

2.  The Board further determined that 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 the Iraq Campaign Medal with two 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)                                         AR20120001338



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