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ARMY | BCMR | CY2006 | 20060015373C071029
Original file (20060015373C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 May 2007
      DOCKET NUMBER:  AR20060015373


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Imminent Danger Pay entry
in Item 18 (Remarks) of his 9 April 2005 separation document (DD Form 214)
be corrected.

2.  The applicant states, in effect, he served in Iraq, which is confirmed
by an entry in Item 18 of his DD Form 214; however, the imminent danger pay
entry incorrectly shows he did not serve in an imminent danger pay area.

3.  The applicant provides Headquarters, 3rd Brigade, 1st Cavalry Division
Permanent Orders Number 275-721, dated 2 October 2004 and his Separation
Document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that on 15 November 2003, while serving as
a corporal in the Army National Guard (ARNG), he was ordered to active duty
for a period not to exceed 545 days, in support of Operation Iraqi Freedom.


2.  On 23 June 2004, the Headquarters, 3rd Brigade, 1st Cavalry Division
commander published a Memorandum for Record, Subject:  Proof of Service,
which indicated that members of the applicant's ARNG unit, to include the
applicant, served with Headquarters and Headquarters Company, 3rd Brigade,
1st Cavalry Division, during Operation Iraqi Freedom as of 31 March 2004,
and that these members were entitled to all the benefits and recognition
deserved.  It further indicated these individuals were authorized to wear
the Shoulder Sleeve Insignia for Former Wartime Service (SSI-FWTS) and
Overseas Service Bars based on this service.

3.  On 2 October 2004, the applicant was awarded the Combat Infantryman
Badge (CIB) in 3rd Brigade, 1st Cavalry Division, Permanent Orders Number
275-721 for his period of combat service from 5 April through 1 October
2004.

3.  On 9 April 2005, the applicant was honorably released from active duty
(REFRAD) after completing 1 year, 4 months, and 25 days of active military
service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time
shows he earned the following awards:  Army Commendation Medal (ARCOM);
Army Achievement Medal (AAM); National Defense Service Medal (NDSM); Global
War on Terrorism Service Medal (GWOTSM); Armed Forces Reserve Medal with M
(Mobilization) Device; Army Service Ribbon (ASR); and Overseas Service
Ribbon (OSR) 2nd Award.
4.  Item 18 of the applicant's 9 April 2005 DD Form 214 contains entries
confirming that during the period of active duty, the applicant served at
Fort Lewis, Washington, Kuwait, and Iraq; and that his service in Iraq
covered the period 15 March 2004 through 28 February 2005.  Item 18 also
contains an entry indicating the applicant did not serve in an imminent
danger pay area.

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-17 contains guidance on award of the Iraq Campaign
Medal. It states, in pertinent part, that it is authorized to members who
served in Iraq in direct support of Operation Iraqi Freedom (OIF) for 30
consecutive or 60 non-consecutive days from on or after 19 March 2003, to a
future date to be determined by the Secretary of Defense or the cessation
of OIF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document incorrectly
indicates he did not serve in an imminent danger pay area was carefully
considered and found to have merit.

2.  The evidence of record confirms the applicant served in Iraq, an
imminent danger pay area, from 15 March 2004 through 28 February 2005.  It
also shows he was awarded the CIB for his qualifying combat service during
the period
5 April through 1 October 2004, and that he was authorized to wear the
SSI-FWTS and Overseas Service Bars based on his combat service in Iraq with
the 1st Cavalry Division.

3.  In view of the facts of this case, it would be appropriate to add the
CIB and Iraq Campaign Medal to Item 13 of the applicant's DD Form 214, and
to delete the Item 18 entry "SOLDIER DID NOT SERVE IN AN IMMINENT DANGER
PAY AREA" and to replace it with the entry “//SOLDIER DID SERVE IN AN
IMMINENT DANGER PAY AREA//.”

BOARD VOTE:

__YM ___  __LMD__  __GJP__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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
amending his 9 April 2005 DD Form 214 by adding the Combat Infantryman
Badge and Iraq Campaign Medal to Item 13 and by deleting the Item 18 entry
“//Soldier Did Not Serve In An Imminent Danger Pay Area//” and replacing it
with the entry “//Soldier Did Serve In An Imminent Danger Pay Area//”; and
by providing him a correction to his separation document that includes
these changes.




                                  _____Yolanda Maldonado_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015373                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/04/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Comp of Req AD Svc                      |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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