RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070008454 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Ms. Rose Lys

Member

Mr. Edward Montgomery

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 correction to item 12f (Foreign Service) and item  
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that item 12f of his DD Form 214 is only accounting for the 11 months and 23 days he served in the Republic of Korea.  However, he spent an additional 11 months and 28 days in Iraq in support of Operation Iraqi Freedom 05-07, with Headquarters and Headquarters Company (HHC), 1st Battalion, 1st Brigade Combat Team, 22nd Infantry Regiment,  
4th Infantry Division, Fort Hood, Texas.  His total foreign service should be  
23 months and 21 days.  Also, item 13 of his DD Form 214 does not list all the campaign medals for his tour in Iraq.

3.  The applicant provides a copy of his DD Form 214 with DD Form  
215 (Correction to DD Form 214), and DA Form 638 (Recommendation for Award).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he entered active duty on  
2 January 2003.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 19D (Cavalry Scout).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) St. Louis, Missouri on 9 March 2007.  He had completed 4 years, 2 months, and 8 days of active service.

2.  Headquarters, United States Army Infantry Center Orders 167-3432, dated
16 June 2003 shows that the applicant was placed on permanent change of station for assignment to the Republic of Korea with an availability date of 5 July 2003.

3.  Detachment A, 509th Personnel Services Battalion Orders 124-5043, dated  
3 May 2004 shows that the applicant was assigned to HHC, 2nd Battalion,  
9th Infantry Regiment in the Republic of Korea.  These orders further show that the applicant's availability date for departure from the Republic of Korea to Fort Hood, Texas was 5 July 2004.



4.  Headquarters, 4th Infantry Division (Mechanized) Orders 313-06, dated  
9 November 2005 shows that the applicant was assigned to 1st Battalion,  
22nd Infantry Regiment, 4th Infantry Division (Mechanized), Fort Hood, Texas.  He was deployed on Temporary Change of Station (TCS) Orders to Central Command area of responsibility for 365 days in support of Operation Iraqi Freedom.  The orders show that the effective date of deployment was on or about 9 December 2005.

5.  The DA Form 638 that the applicant submitted shows that he was awarded the ARCOM while assigned to Headquarters, 1st Brigade Combat Team,  
4th Infantry Division, for meritorious service while serving as a Raven Operator in support of Iraqi Freedom during the period 4 December 2005 to 2 December 2006.

6.  Item 12f of the applicant's DD Form 214 shows the entry "0000 11 23."  However, a DD Form 215 was later issued that shows the entry "0000 11 28."

7.  Item 13 of the applicant's DD Form 214 shows the Army Commendation Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, and the Army Service Ribbon.  However, it does not show the Iraq Campaign Medal.

8.  Item 18 (Remarks) of the applicant's DD Form 214 shows no entry that pertains to the applicant's foreign service.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF.

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



pertinent part, it directs that foreign service, taken from the ERB/ORB (Enlisted Record Brief/Officer Record Brief) performed during the period covered by the DD Form 214 will be entered in item 12f.

11.  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 that, 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 DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

12.  A review of the applicant's records indicate entitlement to additional awards and decorations not shown in item 13 of his DD Form 214.

13.  Headquarters, United States Army Infantry Center Permanent Orders
167-3083, dated 16 June 2003 shows that the applicant was awarded the Parachutist Badge and MOS 19D1P as a result of successful completion of Airborne training.

14.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows his MOS as 19D1O.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his Foreign Service tour and all campaign medals for his tour in Iraq.

2.  While the assignment orders do not establish an exact tour date for the applicant's service in the Republic of Korea, the applicant's assignment orders show he served in-country from July 2003 to July 2004.

3.  As such, there is insufficient evidence to determine the exact length of time he spent in the Republic of Korea.  However, since there is ample evidence to establish that the applicant was in Korea from July 2003 to July 2004, it would be equitable to correct his records to show the minimum time he spent in Korea 



based on those months.  As such, it would be in the interest of justice to correct item 12f of his DD Form 214 to show he served in Korea from 31 July 2003 to 1 July 2004.  That would be exactly 11 months.

4.  The DA Form 638 shows that the applicant was awarded the ARCOM for meritorious service while serving as a Raven Operator in support of Operation Iraqi Freedom during the period 4 December 2005 to 2 December 2006.  The ARCOM, along with assignment orders, are sufficient to show the applicant was assigned to Iraq for the period 4 December 2005 to 2 December 2006, as cited on the approved ARCOM.  Therefore, he is entitled to correction of his records to show in item 13 of his DD Form 214 the Iraq Campaign Medal.

5.  He is also entitled to correction of his records to show in item 18 of his DD Form 214 "Service in Iraq from 20051204 - 20061202."

6.  Permanent Orders show that the applicant was awarded the Parachutist Badge and MOS 19D1P.  Therefore, he is entitled to correction of his records to show in item 13 of his DD Form 214 award of the Parachutist Badge and in item 11 (Primary Specialty) of his DD Form 214 MOS 19D1P.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___KN___  ___RL __  __EM___  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.  showing in item 11 of his DD Form 214 MOS 19D1P;

	b.  showing in item 12f of his DD Form 214 1 year, 10 months and 23 days;

	c.  showing in item 13 of his DD Form 214 the Iraq Campaign Medal and the Parachutist Badge; and

	d.  showing in item 18 of his DD Form 214 "Service in Iraq 20051204 - 20061202."

2.  The Board further determined that the evidence presented is 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 correction of item 12f of the applicant's DD Form 214 to show an additional 11 months and 28 days.




____Kathleen Newman_______
          CHAIRPERSON

INDEX

CASE ID
AR20070008454
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071206
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.