IN THE CASE OF:	  

		BOARD DATE:  25 OCTOBER 2012

		DOCKET NUMBER:  AR20120007977 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 28 November 2005 to 18 November 2006 and awards of the:

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

2.  The applicant states he served in Korea for one year and should be entitled to the Overseas Service Ribbon.  He also served in Iraq from November 2005 to November 2006 and should be entitled to a second award of the Overseas Service Ribbon as well as the Iraq Campaign Medal.  Finally, he was awarded the Army Commendation Medal.

3.  The applicant provides:

* DD Form 214
* Unit deployment orders
* DA Form 638 (Recommendation for Award)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 15 July 2003 and he held military occupational specialty 63B (Wheeled Vehicle Mechanic).  He served in Korea from about 7 January 2004 to about January 2005.  

3.  He also served in Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) deployment 05-07 from 29 November 2005 to 15 November 2006.  He was assigned to D Company, 1st Squadron, 10th Cavalry, 4th Infantry Division.

4.  He was honorably released from active duty on 16 February 2007.  He completed 3 years, 7 months, and 2 days of creditable military service and no lost time.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - "0000  11  23"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, and Army Service Ribbon
* Item 18 (Remarks) - no service in a hazardous fire/imminent danger pay (HF/IDP) area 

5.  He submitted:

	a.  Orders 284-01, issued by Headquarters, 4th Infantry Division, Fort Hood, TX, on 11 October 2005, ordering the 1st Battalion, 10th Cavalry Regiment, on a temporary change of station from Fort Hood, TX, to the U.S. Central Command Area of Responsibility, in support of OIF, for a period of 365 days, proceeding on or about 26 November 2005.

	b.  DA Form 638, undated, which shows he was recommended for award of the Army Commendation Medal for meritorious service in support of OIF, from 29 November 2005 to 15 November 2006.  This form also shows his company commander recommended approval; however, there is no indication the brigade commander approved the award or that the appropriate authority assigned permanent orders. 
6.  An email, dated 21 May 2012, from the Defense Finance and Accounting Service, Indianapolis, IN confirms the applicant received HF/IDP and combat zone tax exclusion for service in Kuwait from 29 November 2005 to 18 November 2006. 

7.  Permanent Orders Number 241-30, issued by Headquarters, 1st Squadron, 10th Cavalry, Iraq on 29 August 2006, awarded him the Army Good Conduct Medal (1st Award).

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

9.  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 (AOE) 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 Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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 Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	d.  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.  The 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.  The 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 DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed and was credited with an overseas tour in Korea from January 2004 to January 2005.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his DD Form 214 to show it. 

2.  The applicant served in Kuwait/Iraq from 29 November 2005 through 18 November 2006, a period of 11 months and 21 days.  His DD Form 214 listed 11 months and 23 days of foreign service presumably for Korea.  He is therefore entitled to correction of item 12f to show a total of 1 year, 11 months, 14 days of foreign service.  He is also entitled to correction of his DD Form 214 to show his combat service in Kuwait/Iraq in item 18 of this form.  

3.  His service in Iraq from 29 November 2005 to 18 November 2006 qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Iraqi Governance and National Resolution) during this period of service.  Therefore, he is entitled to award of two bronze service stars with the Iraq Campaign Medal and correction of his DD Form 214 to show this award.

4.  He completed 11 months and 21 days of foreign service in Kuwait/Iraq from 28 November 2005 to 18 November 2006.  This period of foreign service qualifies him for a second award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Overseas Service Ribbon.

5.  With respect to the Army Commendation Medal, the award recommendation he provides is incomplete.  It is neither approved nor assigned a permanent order.  The governing regulation states, as with all personal decorations (which include the Army Commendation Medal), formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of orders there is insufficient evidence to add this award. 

6.  Permanent orders awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of this form 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 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 his DD Form 214 by:

* deleting from item 12f the current entry and adding the entry "0001  11  14"
* adding to item 13 the Iraq Campaign Medal with two bronze service stars, Army Good Conduct Medal (1st Award), and Overseas Service Ribbon (2nd Award)
* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20051128-20061118"

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 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)                                         AR20120007977



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ABCMR Record of Proceedings (cont)                                         AR20120007977



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