IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120004297 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat service and campaign medals.

2.  The applicant states he finally gathered the appropriate paperwork to substantiate his valor.  The current paperwork shows his combat tour was only in Kuwait.  This is not accurate.  He was fully involved in Al Taji, Iraq, as part of Task Force Iron Gunner.

3.  The applicant provides the front page of a DA Form 638 (Recommendation for Award) and Army Commendation Medal Certificate.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100024914 on 28 April 2011.

2.  The applicant provides a DA Form 638 and a certificate showing award of the Army Commendation Medal which were not previously considered by the Board; therefore, they are new evidence and will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 4 April 2002 and he held military occupational specialty 14R (Bradley Linebacker Crewmember).  He was assigned to the 1st Battalion, 44th Air Defense Artillery, Fort Hood, TX.

4.  He was honorably released from active duty on 3 April 2005.  His DD Form 214 shows he completed 3 years of creditable active service with no lost time.  It also shows in:

* item 12f (Foreign Service) – 0 years, 0 months, and 0 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon
* item 18 (Remarks) – no entry for his deployment to Kuwait

5.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 27 January 2011, confirmed he received hazardous fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) from 23 August 2003 to 21 March 2004 (6 months and 29 days) for service in Kuwait.

6.  On 2 August 2011, he was issued a DD Form 215 (Correction to DD Form 214) that corrected:

* item 12f to show completion of 6 months and 29 days of foreign service
* item 13 to add the Global War on Terrorism Expeditionary Medal
* item 18 to show "SERVICE IN KUWAIT FROM 20030823-20040321"

7.  He provides a DA Form 638 and accompanying certificate awarding him the Army Commendation Medal for meritorious achievement in support of Operation Iraqi Freedom (OIF) from 28 July 2003 to 27 November 2003.  The authority is shown as Permanent Orders 340-03, Headquarters, 4th Infantry Division, Fort Hood, TX, dated 6 December 2003.  The DA Form 638 shows he served on combat operations in and around Al Taji, Iraq.

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

	a.  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 31 December 2011.  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 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	b.  The Global War on Terrorism Expeditionary Medal 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility or meet other specified criteria.  Initial award was limited to service members deployed abroad in Operation Enduring Freedom and OIF in a number of designated specific geographic areas of eligibility, including Kuwait.

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that item 18 will contain the following entry for Regular Army Soldiers:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  With respect to his combat service:
	a.  DFAS verified his receipt of HFP/IDP and CZTE from 23 August 2003 to 21 March 2004 (6 months and 29 days).  However, the certificate he provides shows he was awarded the Army Commendation Medal for achievement in support of OIF from 28 July 2003 to 27 November 2003.

	b.  It is clear that the dates of service on the certificate contradict the dates shown in his pay records at DFAS.  In the absence of independent or additional documentary evidence that confirms his dates of arrival in and departure from Kuwait and Iraq, there is insufficient evidence to change the Board's previous decision regarding his computation of combat service. 

	c.  Nevertheless, the certificate he provides confirms he served in Kuwait and Iraq, not just Kuwait.  As such, his DD Form 214 should be corrected to show his service in Kuwait/Iraq.

3.  Additionally, this period of service qualifies him for award of the Iraq Campaign Medal and one bronze service star (to designate his campaign participation).  Since he was awarded the Global War on Terrorism Expeditionary Medal, he is not authorized the Iraq Campaign Medal.  A Soldier may not receive the Iraq Campaign Medal and the Global war on Terrorism Expeditionary Medal for the same period of service.  However, upon written request, he may request to substitute one for the other.  

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 partial amendment of the ABCMR's decision in Docket Number AR2010024914, dated 28 April 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 3 April 2005 as follows:

* adding award of the Army Commendation Medal 
* replacing the current deployment entry with the statement "SERVICE IN KUWAIT/IRAQ FROM 20030823-20040321"

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 additional foreign service credit or any other awards/decorations. 



      __________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)                                         AR20120004297



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ABCMR Record of Proceedings (cont)                                         AR20120004297



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