BOARD DATE:	  7 May 2013

		DOCKET NUMBER:  AR20120017402 


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 second period of combat service in Iraq from “Feb2009 to Jan2009” [sic].

2.  The applicant states, in effect, his DD Form 214 does not reflect his complete combat service.  He served in Iraq from 16 October 2006 to 14 January 2008 as well as February 2009 to January 2010. 

3.  The applicant provides his DD Form 214 and Enlisted Record Brief (ERB).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 3 October 2005 and he held military occupational specialty 11B (Infantryman).  He was assigned to Headquarters and Headquarters Company, 1st Brigade Special Troops Battalion, 1st Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX. 

2.  He was honorably released from active duty on 14 April 2010 by reason of completion of his required active service.  His DD Form 214 shows he completed 4 years, 6 months, and 14 days of active service.  It also shows in:

* Item 12f (Foreign Service) - "0001-02-29"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Iraq Campaign Medal with two campaign stars
* Army Commendation Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge

* Item 18 (Remarks) shows the entry "Service in Iraq 20061016 - 20080114"

3.  He submits an ERB dated 12 April 2010 that shows he served in Iraq from 16 October 2006 to 14 January 2008.  

4.  His records contain a certificate, dated 23 September 2009, that shows he was awarded the Army Commendation Medal for meritorious service while assigned to the 1st Brigade Combat Team in support of Operation Iraqi Freedom from 2 February 2009 to 8 February 2010.  

5.  An email, dated 23 October 2012, from the Defense Finance and Accounting Service, Indianapolis, IN, confirmed he received hazardous fire/imminent danger pay (HF/IDP) from 10 February 2009 to 29 January 2010 for service in Kuwait.

6.  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, 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)" 

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

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  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.

* 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)

	c.  The Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.  Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. 

	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.  With respect to his foreign/combat service:
	a.  The applicant completed two periods of combat/foreign service in Kuwait/Iraq.  He first served in Kuwait/Iraq from 16 October 2006 to 14 January 2008, a period of 1 year, 2 months, and 29 days.  His first period of foreign/combat service is properly documented in items 12f and 18 of his 
DD Form 214.

	b.  However, he also completed a second period of combat/foreign service in Kuwait/Iraq from 10 February 2009 to 29 January 2010, a period of 11 months and 20 days.  His pay records show he received HFP/IDP during this period and the dates of service are fairly consistent with the dates shown on the certificate that awarded him the Army Commendation Medal.  

	c.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show his total foreign service of 2 years, 2 months, and 19 days.  He is also entitled to correction of item 18 to show the second period of combat service from 10 February 2009 to 29 January 2010.

2.  There are several awards and decorations associated with his combat service:

	a.  The applicant participated in three campaigns during his two tours in Iraq.  He should be entitled to three vice two bronze service stars to be affixed to the Iraq Campaign Medal and correction of his DD Form 214 accordingly. 

	b.  He completed 1 year, 2 months, and 29 days of foreign service in Iraq and he was awarded the Overseas Service Ribbon for this period.  However, his second period of service in Kuwait/Iraq from 10 February 2009 to 29 January 2010, a period of 11 months and 20 days, qualifies him for a second award of Overseas Service Ribbon and correction of his DD Form 214 to show both awards. 

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 12f of his DD Form 214 the entry "0001-02-29" and adding the entry "0002-02-19"
* deleting from item 13 the Overseas Service Ribbon and the Iraq Campaign Medal with two campaign stars and adding the:

* Overseas Service Ribbon (2nd Award)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with three bronze service stars

* adding to item 18 the entry "Service in Kuwait/Iraq 20090210 - 20100129"



      _______ _ 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)                                         AR20120017402





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ABCMR Record of Proceedings (cont)                                         AR20120017402



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