BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120016962 


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 combat service in Iraq.

2.  The applicant states his DD Form 214 does not reflect his combat service.  He served in Iraq from 29 October 2009 to 15 October 2010. 

3.  The applicant provides:

* Electronic DD Form 669 (Army Continuing Education System Record)
* Congressional correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 10 January 2008 and he held military occupational specialty 91B (Wheeled Vehicle Mechanic).  He was assigned to B Company, 1st Battalion, 13th Aviation Regiment, Fort Rucker, AL.

2.  He was discharged on 16 May 2012 with a general discharge.  His DD Form 214 shows in:

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

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge with Driver - Wheeled Vehicle Clasp

* Item 18 (Remarks) does not show service in a hazardous fire/imminent danger pay (HF/IDP) area

3.  He submits an electronic education record, dated 22 August 2011, that shows he deployed from 30 October 2009 to 30 October 2010.

4.  An email, dated 27 November 2012, from the Defense Finance and Accounting Service, Indianapolis, IN, confirmed he received HF/IDP from 30 October 2009 to 15 October 2010 for service in Kuwait.

5.  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 and states that items 4a and 4b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders).  

* Item 12f shows foreign service completed during the period covered by the DD Form 214
* Item 13 lists all awards and decorations from the Soldier's records
* Item 18 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)" 

6.  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 (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 to 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 the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

	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's pay records confirm he received HF/IDP from 30 October 2009 to 15 October 2010 for service in Kuwait, a period of 11 months and 
16 days of foreign service.  These dates are consistent with the dates he contends.  He is entitled to correction of items 12f and 18 of his DD Form 214 to show this foreign service.

2.  However, nothing in his records - a manifest, an award certificate, a deployment order, a temporary change of station order, a temporary duty order, or a Personnel Tempo printout, proves he was in Iraq.  

3.  Nevertheless, this period of service entitles him to award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show it.  Additionally, he completed a qualifying period of service for award of the Overseas Service Ribbon and should be entitled to award of the Overseas Service Ribbon and correction of his DD Form 214 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 of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-11-16"
* adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal and the Overseas Service Ribbon
* adding to item 18 the entry "Service in Kuwait 20091030 - 20101015"



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 his combat service in Iraq.



      _______ _  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)                                         AR20120016962





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ABCMR Record of Proceedings (cont)                                         AR20120016962



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