IN THE CASE OF:	  

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20150004063 


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 reflect award of the Iraq Campaign Medal with four bronze service stars, Meritorious Unit Commendation, and Overseas Service Ribbon (2nd and 3rd Award).

2.  The applicant states:

* he participated in four Iraq campaigns – Liberation of Iraq, Transition of Iraq, Iraqi Surge, and Iraqi Sovereignty
* this entitles him to the Iraq Campaign Medal with four bronze service stars
* he was assigned to and deployed with the 172d Infantry Brigade during the period of service for which the unit was awarded the Meritorious Unit Commendation
* he was awarded one Overseas Service Ribbon for his tour in Germany from October 2001 through December 2003
* he should have been awarded a second Overseas Service Ribbon for his tour in Germany from November 2008 through December 2010
* he should have been awarded a third Overseas Service Ribbon for his tour in Iraq from which he was medically evacuated in September 2007

3.  The applicant provides:

* Headquarters, V Corps, Order Number 42-51, dated 11 February 2003
* DD Form 214 covering the period of service from 18 November 1998 through 9 November 2004
* Headquarters, Division West, First U.S. Army and Fort Carson Orders 320-703, dated 16 November 2006
* Headquarters, 68th Combat Sustainment Support Battalion, memorandum, dated 6 September 2007, subject:  Command Clearance Memorandum
* U.S. Army Garrison Grafenwoehr Orders 126-04, dated 6 May 2009
* U.S. Army Human Resources Command Permanent Orders 351-07, dated 17 December 2009
* DD Form 214 covering the period of service from 21 September 2006 through 27 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 November 1998.

2.  Headquarters, V Corps, Order Number 42-51, dated 11 February 2003, directed his deployment to Kuwait in support of Operation Enduring Freedom on or about 8 March 2003 while assigned to the 11th Transportation Company (Provisional), 3d Corps Support Command, V Corps, in Mannheim, Germany.

3.  On 9 November 2004, he was released from active duty due to completion of required active service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was credited with 2 years of foreign service and he was awarded the Overseas Service Ribbon.  Deployment to Iraq is not referenced in the remarks section of his DD Form 214.

4.  On 21 September 2006, he again enlisted in the Regular Army.  Headquarters, Division West, First U.S. Army and Fort Carson, Orders 320-703, dated 16 November 2006, deployed him to the U.S. Central Command area of responsibility in support of Operation Iraqi Freedom on or about 1 February 2007.

5.  Headquarters, 68th Combat Sustainment Support Battalion, memorandum, dated 6 September 2007, subject:  Command Clearance Memorandum, authorized his inter-theater evacuation from Baghdad, Iraq, to the medical treatment facilities at Landstuhl Regional Medical Center, Germany.

6.  The applicant's record contains a copy of an Army Commendation Medal Certificate, dated 6 February 2008, awarding him the Army Commendation Medal for exceptional service while serving as a transportation movement coordinator in support of combat operations during Operation Iraqi Freedom from 31 January 2007 through 7 September 2007.  The certificate shows the orders issuing authority as Headquarters, 1st Sustainment Brigade, Camp Taji, Iraq, Permanent Orders Number 037-071.

7.  U.S. Army Garrison Grafenwoehr Orders 126-04, dated 6 May 2009, show he was assigned to Headquarters and Headquarters Company, 172d Infantry Brigade, Grafenwoehr, and deployed him with that unit to Iraq (identified by Army/Air Force Post Office 09335) in support of Operation Iraqi Freedom on or about 20 May 2009.

8.  U.S. Army Human Resources Command Permanent Orders 351-07, dated 17 December 2009, awarded the Meritorious Unit Commendation to Headquarters and Headquarters Company, 172d Infantry Brigade, for exceptionally meritorious service during the period 12 November 2008 through 17 November 2009.

9.  On 27 March 2012, he retired by reason of temporary disability.  His DD Form 214 shows his service in Iraq from 31 January 2007 through 30 January 2008 and again from 20 May 2009 through 23 November 2009.  It shows he was authorized or awarded the Global War on Terrorism Expeditionary Medal and does not reflect award of the Iraq Campaign Medal.

10.  The Defense Finance and Accounting Service reviewed the applicant's Master Military Pay Account and determined he received hostile fire pay/
imminent danger pay and combat zone tax exclusion for the following deployments:

* 15 November 2002-22 December 2002 – Kuwait
* 10 March 2003-26 September 2003 – Kuwait
* 31 January 2007-7 September 2007 – Kuwait
* 21 May 2009-22 November 2009 – Kuwait

11.  His Enlisted Record Brief, dated 2 February 2012, shows his assignment to various units in Germany from 25 November 2008 through 12 August 2010.

REFERENCES:

1.  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.  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.  Only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.  Approved campaigns for award of the Iraq Campaign Medal 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 (19 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)

	b.  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, to include those awarded short tour credit.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	c.  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 encompasses all foreign land, water, and air spaces outside the 50 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility, or meet other, specified criteria.

2.  Army Regulation 614-30 (Overseas Service) outlines overseas tour credit.  Per table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date of Return from Overseas), rules 6 and 8, short tour credit will be given to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months (or 8 months and 16 days or more).  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army awards equivalent credit for periods of change of station/tour of duty.

DISCUSSION:

1.  The applicant's request for correction of his DD Form 214 to reflect award of the Iraq Campaign Medal with four bronze service stars, Meritorious Unit Commendation, and Overseas Service Ribbon (2nd and 3rd award) was carefully considered.

2.  Permanent orders awarded the Meritorious Unit Commendation to the 172d Infantry Brigade for meritorious service during the period 12 November 2008 through 17 November 2009.  The applicant was assigned to and deployed with the 172d Infantry Brigade during the period for which the Meritorious Unit Commendation was awarded.

3.  He was awarded the Overseas Service Ribbon for his first overseas tour, which is annotated on his DD Form 214 covering the period of service from 18 November 1998 through 9 November 2004.  He subsequently served another qualifying period for award of the Overseas Service Ribbon while in Germany from 25 November 2008 through 12 August 2010.  Neither tour in Iraq met the length qualifications for a short tour.

4.  He deployed on four occasions:  from 15 November 2002 through 22 December 2002, from 10 March 2003 through 26 September 2003, from 31 January 2007 through 7 September 2007, and from 21 May 2009 through 22 November 2009.  Documents in his military records corroborate his deployments from 31 January 2007 through 7 September 2007 and from 21 May 2009 through 22 November 2009 were specifically to Iraq.  There is no documentary evidence showing his first two deployments from 15 November 2002 through 22 December 2002 and from 10 March 2003 through 26 September 2003 were in Iraq and not in Kuwait.  It is presumed the Global War on Terrorism Expeditionary Medal was awarded for the qualifying period 10 March 2003 through 26 September 2003.

5.  Records corroborate that he served qualifying periods for award of the Iraq Campaign Medal with two bronze service stars for the periods from 31 January 2007 through 7 September 2007 and from 21 May 2009 through 22 November 2009.

//NOTHING FOLLOWS//
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ABCMR Record of Proceedings (cont)                                         AR20150004063



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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