IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130018883 


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 all of the awards he is authorized and his overseas service.

2.  The applicant states his Combat Medical Badge should be shown on his DD Form 214.  His overseas service is not shown on his DD Form 214.

3.  The applicant provides:

* Disabled American Veterans letter, dated 11 October 2013
* DD Form 214, dated 1 September 2011
* Permanent Orders 350-13, dated 16 December 2002
* Permanent Orders 125-1, dated 5 May 2003
* DA Form 638 (Recommendation for Award), 24 April 2003 (Incomplete)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 November 1999 for 4 years, in pay grade E-1.  He completed training as a medical specialist.

2.  On 16 December 2002, Permanent Orders 350-13 were published transferring the applicant to Kuwait in support of Operation Enduring Freedom with an arrival date on or about 12 January 2003.

3.  He participated in the Liberation of Iraq which extended from 19 March 2003 through 1 May 2003 and the Transition of Iraq which extended from 2 May 2003 through 28 June 2004.

4.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Kuwait/Iraq from 9 January 2003 through 19 July 2003.

5.  On 5 May 2003, Headquarters, 3rd Brigade, 3rd Infantry Division (Mechanized) published Permanent Order 125-1 awarding the applicant the Combat Medical Badge for the period 20 March 2003 to 14 April 2003.

6.  The applicant was honorably released from active duty (REFRAD) in pay grade E-4 on 20 December 2003, upon completion of his required active service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 for this period shows no foreign service and shows the following awards:

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon

7.  His DD Form 214 does not show he was awarded the Combat Medical Badge or his foreign service.

8.  The applicant enlisted in the USAR for 3 years on 26 September 2008.  He was ordered to active duty for training on 8 July 2011.  He was REFRAD on 1 September 2011, upon completion of his required active service.  His DD Form 214 for this period shows the following awards:

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

9.  There is no evidence in the applicant's record of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.

10.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It 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 REFRAD, retirement or discharge.  It states:

	a.  Item 12f (Foreign Service).  From the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).  From the information recorded on the ERB enter all decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service.

	c.  Item 18 (Remarks).  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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

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

	a.  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 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 in operations approved by the Secretary of Defense.  

   b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (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 days or 60 nonconsecutive days are authorized the GWOTSM.  

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Permanent Order 125-1 was published on 5 May 2003 awarding him the Combat Medical Badge.  His DD Form 214 should be corrected to show this award.

3.  The available evidence also shows he is authorized the Army Good Conduct Medal (First Award), the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.  These awards should also be added on his DD Form 214.

4.  Information obtained from the DFAS reveals that the applicant received hostile fire/imminent danger pay for service in Kuwait/Iraq from 9 January 2003 through 19 July 2003.  His foreign service should be shown on his DD Form 214.

5.  In view of the foregoing, the applicant records should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Army Good Conduct Medal (First Award) for exemplary service from 19 November 1999 to 18 November 2002.

2.  Amending his DD Form 214, dated 20 December 2003, as follows:

	a.  Item 12f – add "6 Months and 10 Days."

	b.  Item 13 – add "Combat Medical Badge, Army Good Conduct Medal (First Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal."

	c.  Item 18 – add "SERVICE IN KUWAIT/IRAQ FROM 20030109-20030719."

3.  Amending item 13 on his DD Form 214, dated 1 September 2011, to add the "Combat Medical Badge, Army Good Conduct Medal (First Award), Global War on Terrorism Expeditionary Medal, and Army Lapel Button."



      _______ _   _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)                                         AR20130018883



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ABCMR Record of Proceedings (cont)                                         AR20130018883



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