IN THE CASE OF:	  

		BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130008814 


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 corrections to his DD Forms 214 (Certificate of Release or Discharge from Active Duty) as follows:

* DD Form 214 with a separation date of 18 April 2008 - correct foreign service and awards earned in Iraq
* DD Form 214 with a separation date of 30 June 2013 - add Iraq foreign service and include all awards

2.  The applicant states his DD Form 214 with a separation date of 18 April 2008 does not show his service in Iraq or the awards he earned there.  His 
DD Form 214 with a separation date of 30 June 2013 does not include his previous foreign service in Iraq and his awards are incomplete.

3.  The applicant provides:

* Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg Orders 177-048, dated 26 June 2006
* DD Form 214 with a separation date of 18 April 2008
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 18 June 2008
* DD Form 214 with a separation date of 30 June 2013


CONSIDERATION OF EVIDENCE:

1.  On 3 November 2005, he enlisted in the Regular Army (RA).  

2.  On 18 September 2006, he was deployed with the 32nd Medical Logistics Battalion in support of Operation Iraqi Freedom (OIF).

3.  His Enlisted Record Brief (ERB) shows he was deployed to Iraq from 
15 September 2006 to 28 November 2007.

4.  An email, dated 4 June 2013, from the Defense Finance and Accounting Service (DFAS) states he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 17 September 2006 through 
21 November 2007 for Kuwait.

5.  On 18 April 2008, he was released from active duty by reason of his having completed his required active service.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

6.  His DD Form 214 also shows the following entries:

* item 12c (Net Active Service This Period) - 002 05 16 (2 years, 5 months, and 16 days)
* item 12f (Foreign Service) - 0000 00 00 (none)
* item 18 (Remarks) - no deployment to Iraq

7.  Effective 19 April 2008, he enlisted in the North Carolina Army National Guard (NCARNG) for 6 years.  On 28 February 2010, he was assigned to the 
875th Engineer Company in North Wilkesboro, NC.

8.  On 17 June 2012, he was ordered to active duty in support of Operation Enduring Freedom (OEF).  

9.  On 30 June 2013, he was released from active duty and returned to his NCARNG unit.  His DD Form 214 show he was awarded or authorized the:
* Afghanistan Campaign Medal with one bronze service star
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation 
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* NATO Medal
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

10.  His DD form 214 also shows the following entries:

* item 12c - 0001 00 14
* item 12f - 0000 08 17
* item 18 - SERVICE IN KUWAIT 20120726-20120812, SERVICE IN AFGHANISTAN 20120813-20130208, SERVICE IN KUWAIT 20130209-20130412

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline, lost time, or a record of courts-martial.  

12.  According to the Awards Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  

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 have 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)

	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 qualifying period is 3 years.  However, effective 27 June 1950, the qualifying period was modified to include a period of less than 3 years but more than one year when the period for the first award ended with the termination of a period of Federal military service.  

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  Foreign service, taken from the ERB, performed during the period covered in Item 12c of the DD Form 214 will be entered in item 12f.  

	b.  Decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in on the DD Form 214.

	c.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country) FROM (inclusive dates in YYYYMMDD format)" will be made in item 18. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline, lost time, or a record of court-martial.  There is no record of a commander's disqualification.  During his RA enlistment he was awarded the Army Commendation Medal and the Army Achievement Medal.  Therefore, the evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 3 November 2005 through 18 April 2008 ending with the termination of a period of active Federal service.

2.  The exact dates he was actually in Iraq during his RA enlistment are not known.  However, his deployment orders, ERB, and the email from DFAS are sufficient to determine he completed 1 year, 2 months, and 5 days of foreign service in Kuwait/Iraq from 17 September 2006 to 21 November 2007.


3.  Therefore, his DD Form 214 with a separation date of 18 April 2008 should be corrected to show:

* in item 12f the entry "0001 02 05"
* he was awarded the Army Good Conduct Medal (First Award)
* he is authorized the Iraq Campaign Medal with two bronze service stars
* he is authorized the Overseas Service Ribbon
* the entry "SERVICE IN KUWAIT/IRAQ FROM 20060917-20071121" in item 18 

4.  Only foreign service performed during the period covered in Item 12c of the DD Form 214 will be entered in item 12f.  His DD Form 214 with a separation dated of 30 June 2013 covers the period from 17 June 2012 to 30 June 2013.  During this period he served overseas from 26 July 2012 to 12 April 2013, a period of 8 months and 17 days.  Therefore, the entry in item 12f of his 
DD Form 214 with a separation date of 30 June 2013 is correct.

5.  The applicant's DD Form 214 with a separation date of 30 June 2013 should include all awards and decorations for all periods of service.  Therefore, the awards added to his first DD Form 214 should also be added to his second 
DD Form 214.  As an exception, his second DD Form 214 already shows the Overseas Service Ribbon.  A review of all of his deployments shows he is entitled to only one Overseas Service Ribbon for his deployment to Iraq during his first enlistment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period of service from 3 November 2005 through 18 April 2008; and
	b.  amending his DD Form 214 with a separation date of 18 April 2008 as follows:

		(1)  changing item 12f to show “0001 02 05”;

		(2)  adding the following awards:

* Army Good Conduct Medal (First Award)
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

		(3)  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20060917-20071121" in item 18. 

	c.  amending his DD Form 214 with a separation date of 30 June 2013 by adding the:

* Army Good Conduct Medal (First Award)
* Iraq Campaign Medal with two bronze service stars

2.  The Board further determined that the evidence presented was 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 additional foreign service on his DD Form 214 with a separation date of 30 June 2013.  




      ___________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)                                         AR20130008814



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ABCMR Record of Proceedings (cont)                                         AR20130008814



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