IN THE CASE OF:	   

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120018593 


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 award of the Iraq Campaign Medal and Combat Action Badge.

2.  He states that although he earned this recognition for his service in Iraq, both the Iraq Campaign Medal and the Combat Action Badge were omitted from his DD Form 214.  There is no indication of his Iraq tour in his records.  He needs the information for post-9/11 veterans' benefits.

3.  He provides Permanent Orders Number 131-18, dated 11 May 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 June 2009.  He was trained in and awarded military occupational specialty 11B (Infantryman).  He was honorably discharged due to a condition, not a disability, on 12 January 2012 upon completion of 2 years, 6 months, and 26 days of creditable active service.  At the time of his discharge he held the rank/grade of specialist (SPC)/E-4.

2.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for deployment to Kuwait/Iraq from 19 December 2009 through 27 July 2010, a period of 7 months and 9 days.


3.  The applicant's DD Form 214 shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00" indicating he completed 0 years, 0 months, and 0 days of foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

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

	c.  item 18 (Remarks) no deployment entries.

4.  His record is void of any evidence showing he was awarded either the Iraq Campaign Medal or the Combat Action Badge.

5.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are also no entries in his military records to indicate his commanders denied him the first award of the Army Good Conduct Medal.

6.  The applicant provides Permanent Orders Number 131-18 issued by Headquarters, 1st Heavy Brigade Combat Team, 1st Armored Division, Forward Operating Base Warrior, Kirkuk, Iraq, on 11 May 2010.  These orders show he was awarded the Combat Action Badge for satisfactorily performing his duties while being engaged and/or engaging the enemy while in active ground combat on 9 April 2010.

7.  Army Regulation 600-8-22 (Military Awards) states 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  include the Iraqi Sovereignty Campaign (1 January 2009-31 August 2010).

8.  Army Regulation 600-8-22 provides that 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 active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  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.  Chapter 2 contains guidance for preparation of the DD Form 214 and states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and

	c.  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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal and Combat Action Badge was carefully considered and determined to have merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployment to Kuwait/Iraq during the period 19 December 2009 through 27 July 2010, a period of 7 months and 9 days of foreign service.  Therefore, item 12f of his DD Form 214 should be corrected to show his total period of foreign service.

3.  Based on his confirmed deployment to Kuwait/Iraq, he is entitled to correction of item 18 of his DD Form 214 to specifically show this deployment information.

4.  The applicant served a qualifying period in Kuwait/Iraq for entitlement to the Iraq Campaign Medal.  He also participated in one campaign.  Therefore, he is entitled to the Iraq Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

5.  Permanent orders awarded him the Combat Action Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

6.  As a related issue, his DD Form 214 does not show all of the awards and decorations to which he is entitled.

7.  The evidence of record confirms the applicant served honorably on active duty during the period 17 June 2009 through 12 January 2012.  He was awarded an Army Commendation Medal and he was advanced to the rank/grade of SPC/E-4 during this period.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or was subject to court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 17 June 2009 through 12 January 2012 and to correct 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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 June 2009 through 12 January 2012;

	b.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  07  09";

	c.  adding the following awards to item 13 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with one bronze service star
* Combat Action Badge

	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20091219-20100727" 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)                                         AR20120018593



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ABCMR Record of Proceedings (cont)                                         AR20120018593



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