IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012875 


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 previously denied request to correct his records to show he was awarded the Combat Medical Badge during his tour in Iraq from April 2003 through July 2004.

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his deployment or the awards and decorations he earned.

3.  The applicant provides:

* DD Form 214
* Permanent Orders 100-305
* Permanent Orders 214-01

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 AR20110011681 on 13 December 2011.

2.  The applicant provided two copies of permanent orders which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant enlisted in the Regular Army on 30 July 2002.  He completed the training requirements and he was awarded military occupational specialty 91W (Health Care Specialist).  The highest rank/grade he attained during this period of active service was specialist/E-4.  

4.  Permanent Order Number 214-01, issued by Headquarters, 2d Armored Cavalry Regiment, dated 2 August 2003, awarded him the Combat Medical Badge.

5.  The applicant was honorably released from active duty on 3 August 2004 after completing 2 years and 4 days of active service.  His DD Form 214 shows he was awarded or authorized:

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

6.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show he performed any foreign service and item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) fails to show that he received a campaign medal for deployment to Iraq.  

7.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for Kuwait from 27 April 2003 through 7 July 2004, a period of 1 year, 2 months, and 11 days.

8.  The applicant provides Permanent Orders 100-305, issued by Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, LA, dated 10 April 2003, which direct personnel to proceed on temporary change of station to the Central Command Area of Responsibility in support of Operation Enduring Freedom.  The document is a group order and the applicant is not identified by name on the order.

9.  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.  Additionally, there are no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal.

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

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states for:

	a.  item 12f, enter the total amount of foreign service completed during the Soldier's continuous period of active service covered by the DD Form 214; and

	b.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

12.  Army Regulation 600-8-22 states 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)



DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was awarded the Combat Medical Badge by permanent order.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in Kuwait/Iraq.

3.  DFAS records indicate the applicant was deployed to Kuwait from 27 April 2003 through 7 July 2004.  (At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country).

4.  The DFAS information is accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served a tour of duty in Kuwait/Iraq from 27 April 2003 to 7 July 2004.

5.  The evidence of record confirms the applicant served honorably on active duty during the period 30 July 2002 through 3 August 2004.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Lacking any derogatory information which would have precluded the applicant from being awarded the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 30 July 2002 through    3 August 2004 and to correct his DD Form 214 to show this award.

6.  Based on the applicant's accepted dates of service in Kuwait/Iraq, the applicant participated in three campaigns during his service in Kuwait/Iraq.  Therefore, he is eligible for award of the Iraq Campaign Medal and entitled to three bronze service stars for wear on this medal and correction of his DD Form 214 to show this award.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20110011681, dated 13 December 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 30 July 2002 through 3 August 2004;
   
   b.  adding the Army Good Conduct Medal (1st Award), Combat Medical Badge, and Iraq Campaign Medal with three bronze service stars to his DD Form 214; 
   
   c.  adding the entry "0001 02 11" to item 12f of his DD Form 214; and

   d.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM "20030427 -   20040707" to item 18 of his DD Form 214.




      _______ _   __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)                                         AR20120012875



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ABCMR Record of Proceedings (cont)                                         AR20120012875



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