IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080008572 


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 show award of the Combat Action Badge and the time he served overseas.

2.  The applicant states that although he served in Iraq and was awarded the Combat Action Badge, it is not reflected on his DD Form 214.

3.  The applicant provides copies of award orders, deployment orders, DA Form 7631 (Deployment Cycle Support Checklist), DD Form 2796 (Post Deployment Health Assessment), and a Soldier Deployment History Outprocessing Report as additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army under the Delayed Entry Program on 18 June 2002 and entered active duty on 8 July 2002.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 94E (Radio and Communication Security Repairer).  The applicant was released from active duty upon the expiration of his term of service on 4 February 2008 with an honorable characterization of service. At the time of separation, the applicant held the rank of private (PVT)/pay grade E-1.

2.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Order 166-115, dated 15 June 2006, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 20 March 2004.

3.  Headquarters, 82nd Airborne Division, Fort Bragg, Orders 202-02, dated
21 July 2006, deployed the applicant as a member of his unit to the Central Command area of responsibility in Southwest Asia effective on or about 8 August 2006 for a period not to exceed 365 days.

4.  DA Form 7631, dated 18 April 2007, shows the applicant's first sergeant and company commander verified that he arrived in Iraq on 8 August 2006 and that his projected date for redeployment was 23 October 2007.  This form was also validated by the Deployment Cycle Support representative at the 82nd Base Support Battalion.

5.  Headquarters, 82nd Airborne Division, Fort Bragg, Orders 149-10, dated
29 May 2007, amended Orders 202-02 by changing the duration of the deployment to a period not to exceed 455 days.

6.  DD Form 2796, dated 21 September 2007, rendered during the applicant's redeployment processing shows the applicant arrived in Southwest Asia on 8 August 2006 and was projected to depart the theater of operations on 19 October 2007.  This form was certified by a healthcare provider on 21 September 2007.

7.  The applicant's Soldier Deployment History Outprocessing Report, dated 16 January 2008, shows he was deployed to an unspecified location to participate in a named Operation in support of the Global War on Terrorism for the period 8 August 2003 through 24 March 2004.  This form also shows the applicant was deployed to a location outside the United States to participate in a named Operation in support of the Global War on Terrorism for the period 7 August 2006 through 23 October 2007.

8.  The applicant's DD Form 214 shows he served on active duty for the period 8 July 2002 through 4 February 2008.  Item 12f (Foreign Service) of this form does not show that he served overseas for any period of time.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form does not show award of the Combat Action Badge.  Item 18 (Remarks) of this form does not show the applicant served overseas for any period of time.


9.  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:

	a.  for Block 12f (Foreign Service), from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period);

	b.  for Block 13 (Decoratons, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be certified by the Soldier’s Records.  Do not use abbreviations; and

	c.  for Block 18 (Remarks), 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge and the time he served overseas.

2.  Permanent Orders awarded the applicant the Combat Action Badge.  Therefore, the applicant is entitled to have his records corrected to show this badge.

3.  Official Orders deployed the applicant to the Central Command area of responsibility in Southwest Asia effective on or about 8 August 2006.  A Deployment Cycle Support Checklist verified by the applicant's first sergeant and company commander and validated by the Deployment Cycle Support representative at the 82nd Base Support Battalion shows that he arrived in Iraq on 8 August 2006.  This arrival date in the theater of operations is further corroborated by entries on his Post Deployment Health Assessment which was certified by a healthcare provider.

4.  The applicant's Soldier Deployment History Outprocessing Report shows that he was deployed to participate in named Operations in support of the Global War on Terrorism on two occasions.  Based upon the available evidence, it is not possible to determine the location of the applicant's deployment during the period 
8 August 2003 through 24 March 2004.  However, the preponderance of evidence shows the applicant was deployed from the United States to Iraq during the period 7 August 2006 through 23 October 2007.  

5.  Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show that he served in Iraq for the period 8 August 
2006 through 23 October 2007.

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:

	a.  deleting the current entry in Block 12f and adding the entry “0001  02  15”;

	b.  showing he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 20 March 2004; and
	
	c.  adding the entry in “SERVICE IN IRAQ FROM 20060808-20071023” in Block 18 of his DD Form 214.



      __________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)                                         AR20080008572



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ABCMR Record of Proceedings (cont)                                         AR20080008572



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