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ARMY | BCMR | CY2008 | 20080007335
Original file (20080007335.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  29 July 2008

		DOCKET NUMBER:  AR20080007335 


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 that Item 18 (Remarks) of his separation document (DD Form 214) be corrected to show his second tour in Iraq for the period September 2004 to June 2005.

2.  The applicant states, in effect, that his records should be corrected, because his second tour in Iraq was left off his DD form 214.

3.  The applicant provides a copy of his DD Form 214, Certificate of Award for the Bronze Star Medal, and a DA Form 2166-8 (NCO Evaluation Report). 

CONSIDERATION OF EVIDENCE:

1.  The applicant military personnel record shows he enlisted in the Regular Army on 13 July 1983.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Infantryman).  He served continuously on active duty in a variety of assignment until he achieved the rank as sergeant major.

2.  The applicant was honorably retired from active duty on 31 August 2006 and was placed on the retired list on 1 September 2006.  He completed 23 years,  
1 month, and 18 days of Net Active Service This Period.



3.  Item 18 of his DD Form 214 shows two entries for service in Iraq.  One entry is recorded as "SERVICE IN IRAQ 20030502 – 20030801" and the other as "SERVICE IN SUPPORT OF OPERATION IRAQI FREEDOM  
030502 – 030801." 

4.  The Certificate of Award shows that the applicant was awarded the Bronze Star Medal by Headquarters, 3rd Infantry Division, Orders Number 108-16, dated 18 April 2005 for the period of 29 September 2004 to 30 June 2005 for his service in combat operation in Iraq.

5.  The NCO Evaluation Report shows that the applicant received an annual report for serving as an Operations Sergeant Major in support of Operation Iraqi Freedom 2.5 during the period of July 2004 through June 2005.

6.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that Soldiers on active duty deployed to a foreign country with his or her unit during their continuous period of active service enter in the remarks section of the DD Form 214 the appropriate entry "Service in (Name of the country deployed) From (inclusive dates YYYYMMDD  - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 18 of his DD Form 214 should be corrected to show his second tour in Iraq as September 2004 to June 2005.

2.  The evidence shows that the applicant was awarded the Bronze Star Medal for his service in Iraq in support of Operation Iraqi Freedom during the period of 
29 September 2004 to 30 June 2005.  The applicant's NCO Evaluation Report also shows he received an annual report for serving as an Operations Sergeant Major in support of Operation Iraqi Freedom 2.5 during the period of July  
2004 through June 2005.  

3.  Therefore, it is reasonable to conclude that the second entry recorded in Item 
18 of his DD Form 214 as "030502 – 030801" was in error.  The correct entry should have been recorded as 20040929 - 20050630, which covers his second period in Iraq.  As such, he is entitled to correction of his records to show service in support of Operation Iraqi Freedom 20040929 – 20050630 in Item 18 of his DD Form 214 in place of "030502 – 030801."

BOARD VOTE:

____X___  ___X____  ___X___  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 showing service in support of Operation Iraqi Freedom 20040929 – 20050630 in Item 18 of his DD Form 214 in place of "030502 – 030801."




      _______ _   _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)                                         AR20080007335





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ABCMR Record of Proceedings (cont)                                         AR20080007335



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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