BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120011365 


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 previous application for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* service in Iraq from 1 April 2003 to 31 July 2003
* award of the Iraq Campaign Medal

2.  The applicant states:

* the Board previously corrected his records to show his foreign service in Kuwait, but not Iraq
* he had boots on the ground in April 2003 and sustained an injury resulting in aeromedical evacuation from Baghdad International Airport, Iraq, to Ramstein Air Base, Germany, on 4 July 2003
* the error should have been resolved when he submitted his application in 2008 and again in 2011

3.  The applicant provides:

* letter, Defense Finance and Accounting Service (DFAS), dated 26 April 2012
* leave and earnings statements (LES) inquiries for the period April 2003 through August 2003
* letter, Army Board for Correction of Military Records (ABCMR), dated 28 December 2011
* DD Form 149 (Application for Correction of Military Records), dated 24 June 2011
* DD Form 215 (Correction to DD Form 214), dated 16 March 2009
* Air Force (AF) Form 3899 (Aeromedical Evacuation Patient Record), dated 2 July 2003
* DD Form 214

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 ABCMR in Docket Number AR20080010191 on 17 September 2008.

2.  The applicant provides new evidence which warrant consideration by the Board.

3.  The applicant enlisted in the Regular Army on 22 June 2001.  He completed training and was awarded military occupational specialty 19D (Cavalry Scout).  The highest rank/grade he attained while serving on active duty was specialist/
E-4.

4.  Orders 035-04, Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 4 February 2003, directed the applicant's temporary change of station from Fort Hood, TX, to the U.S. Central Command area of responsibility for a period of 179 days effective on or about 5 February 2003.

5.  DFAS records show the applicant received HFP/IDP for service in Kuwait from 1 April through 31 July 2003.

6.  The applicant's AF Form 3899, dated 2 July 2003, shows the 21st Combat Support Hospital, which was deployed to Iraq in support of Operation Iraqi Freedom during the period March 2003 to March 2004, was the originating facility directing the applicant's medical evacuation from Iraq.

7.  On 21 June 2004, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 3 years of net active service during this period.

8.  The applicant's DD Form 214 also shows:

* he was assigned to Troop A, 1st Squadron, 10th Cavalry Regiment
* the entry "0000  00  00" in item 12f (Foreign Service)
* he was awarded or authorized the following:

*	Army Lapel Button
*	Global War on Terrorism Service Medal
*	National Defense Service Medal
*	Army Service Ribbon

9.  On 17 September 2008, the Board corrected the applicant's records to add his foreign/combat service and update his awards.  Accordingly, on 16 March 2009, a DD Form 215 was issued to the applicant and shows the following corrections to his DD Form 214:

* addition of 4 months of foreign service
* addition of award of the Army Achievement Medal
* addition of the statement:  "SERVICE IN KUWAIT FROM 1 APRIL 2003 TO 31 JULY 2003"

10.  A review of the applicant's records shows he is entitled to additional awards and decorations.

11.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

12.  Headquarters, Department of the Army, General Orders Number 2010-16, dated 3 September 2010, show the 1st Squadron, 10th Cavalry, was awarded the Valorous Unit Award for the period from 24 April 2003 to 22 March 2004.

13.  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 Operation Iraqi Freedom.  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 through 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 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.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his previous application for correction of his DD Form 214 to show his service in Iraq from 1 April 2003 to 31 July 2003 and award of the Iraq Campaign Medal was carefully considered.

2.  DFAS records show he received HFP/IDP from 1 April 2003 through 31 July 2003 for service in Kuwait; however, during this period he would likely have been processed into the theater of operations through Kuwait, which is why DFAS records show special pay for that country.

3.  The evidence of record shows the applicant was assigned to a unit that served in Iraq in support of Operation Iraqi Freedom and the applicant's pay records maintained by DFAS show the he received HFP/IDP from 1 April through 31 July 2003.  Furthermore, the applicant's unit was awarded the VUA for its service in Iraq from 24 April 2003 to 22 March 2004.

4.  His DFAS record combined with his AF Form 3899 is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show he served a tour of duty in Kuwait/Iraq.

5.  The applicant's service in Iraq is therefore not in question; however, his beginning and ending dates of service remain problematic.

	a.  The beginning date of the unit's approved VUA shows 24 April 2003, yet the applicant received HFP/IDP for April 2003.  His DD Form 215 amended his DD Form 214 to add service in Kuwait from 1 April 2003 to 31 July 2003.  Therefore, in the interest of equity, the applicant's beginning date of service in Kuwait/Iraq should remain 1 April 2003.

	b.  The applicant received HFP/IDP for the month of July 2003.  Again, his DD Form 215 amended his DD Form 214 to add service in Kuwait from 1 April 2003 to 31 July 2003.  Therefore, his ending date of service in Kuwait/Iraq should remain 31 July 2003.

6.  The evidence of record shows he served in Iraq from no less than 24 April 2003 to 31 July 2003 during two campaigns.  Therefore, he is authorized award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

7.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons it was not awarded.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his honorable period of service from 22 June 2001 through 21 June 2004 and his DD Form 214 should be corrected to show this award.

8.  The available evidence shows his unit in Iraq was awarded the VUA during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20080010191, dated 17 September 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be further corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 June 2001 through 21 June 2004,

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Valorous Unit Award

	c.  amending his DD Form 214 to show "SERVICE IN KUWAIT/IRAQ FROM 20030401-20030731" in lieu of service in Kuwait during this time period as currently shown.



      ___________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)                                         AR20120011365



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ABCMR Record of Proceedings (cont)                                         AR20120011365



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