IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080008341
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, in effect, reconsideration of his earlier request to have his Iraq service added to his separation document (DD Form 214).
2. The applicant states, in effect, that his combat service in Iraq should be documented on his DD Form 214.
3. The applicant provides a letter he co-authored with the Adjutant of Headquarters and Headquarters Company (HHC), 36th Engineer Brigade,
Fort Hood, Texas, in support of his reconsideration request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070000944 on 21 June 2007.
2. During its original review of the case, the Board concluded that although it appeared the applicant was deployed to Iraq in support of Operation Enduring Freedom, and subsequently served in Iraq, the inclusive dates of his service in Iraq were not available in the records and documents provided to the Board. As a result, the Board found insufficient evidence to support granting relief.
3. As new evidence, the applicant now provides a statement he co-authored with the Adjutant of HHC, 36th Engineer Brigade, Fort Hood, Texas, dated 9 May 2008. It indicates that while a member of the 74th Engineer, the applicant was deployed to Iraq. It further states that the applicant departed for Turkey and after 41 days at sea, he was diverted to the port of Kuwait and then moved on to Iraq, where he served until 20 June 2003.
4. On 31 May 2005, the applicant was honorably retired, by reason of permanent disability, after completing a total of 21 years and 13 days of active military service. Item 12f (Foreign Service) contains an entry confirming he completed
6 years, 4 months, and 10 days of overseas service during the period covered by the DD Form 214 (18 May 1984-31 May 2005). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) while listing the Global War on Terrorism Service Medal (GWOTSM), does not include either the Global War on Terrorism Expeditionary Medal (GWOTEM) or Iraq Campaign Medal (ICM), and Item 18 (Remarks) does not include an entry indicating Iraq service.
5. A review of the Defense Finance and Accounting Service (DFAS) records confirm the applicant served in Theater (Iraq) from 8 April 2003 through 20 June 2003.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.
7. Chapter 2 of the same regulation contains item-by-item preparation instructions for the DD Form 214. The instructions Item 18 (Remarks) state, in pertinent part, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" should be added to Item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-17 contains guidance on the ICM. It states, in pertinent part, that it is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq completed between 19 March 2003, and a date to be determined. It further states that service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement or period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his service in Iraq should be properly documented on his separation document was carefully considered and found to have merit.
2. Although the statement the applicant provided from his unit adjutant indicates he was deployed to Iraq on 18 February 2003 and served there through 20 June 2003, the evidence of record confirms the applicant actually served in Iraq from
8 April 2003 through 20 June 2003, as evidenced by the DFAS record.
3. Further, based on this Iraq service, the applicant is also entitled to the Iraq Campaign Medal. Therefore, it would be appropriate to correct the applicant's DD Form 214 to document his confirmed Iraq service from 8 April through
20 June 2003, and to add the ICM.
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 amendment of the ABCMRs decision in Docket Number AR20070000944, dated 21 June 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Iraq Campaign Medal to Item 13; adding the entry "SERVICE IN IRAQ FROM 20030408-20030620" to Item 18; and providing him a correction to his separation document that includes these changes.
_________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) AR20080008341
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