IN THE CASE OF:
BOARD DATE: 17 SEPTEMBER 2008
DOCKET NUMBER: AR20080010191
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, that block 12f (Foreign Service) on his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that he had Foreign Service and that block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to include all of his awards and decorations to include the Army Achievement Medal.
2. The applicant states, in effect, that he served in Iraq from on or around 5 February to 4 July 2003. He also states that his Army Achievement Medal is not listed on his DD Form 214.
3. The applicant provides in support of his application, a copy of his DD Form 214; a copy of Orders 035-04, dated 4 February 2003; copies of his Aeromedical Evaluation Patient Record; and a copy of Permanent Order #16-21 awarding him the Army Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. On 3 August 2000, the applicant enlisted in the United States Army Reserve (USAR), St. Louis, Missouri, for 8 years, in the pay grade of E-1. He enlisted in the Regular Army for 3 years on 22 June 2001. He went on to successfully complete his training as a cavalry scout.
2. On 16 January 2003, Permanent Order Number 16-21 was published awarding the applicant the Army Achievement Medal for meritorious achievement during squadron gunnery, from 10 January through 11 January 2003.
3. Orders 035-04 was published on 4 February 2003 directing the applicant to proceed on a temporary change of station from Fort Hood, Texas, to the Central Command area of responsibility, in support of Operation Enduring Freedom, effective on or about 5 February 2003, for a period of 179 days, based on mission requirements.
4. Military pay records indicate the applicant received Imminent Danger Pay for service in Kuwait from 1 April through 31 July 2003. The available records do not show that the applicant ever served in Iraq while he was in the Army.
5. On 21 June 2004, the applicant was honorably released from active duty (REFRAD) upon completion of his required period of active service and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He was discharged from the USAR on 5 August 2008. The DD Form 214 the applicant was furnished at the time of his REFRAD shows that he was awarded the Army Lapel Button, the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Service Ribbon. However, the Army Achievement Medal is not included on his DD Form 214 and block number 12f does not reflect his Foreign Service.
6. 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 block 12f (Foreign Service), from the Soldiers official record, enter the total amount of Foreign Service completed during the period covered by the DD Form 214.
7. The Separation Documents regulation also 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 block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicants Army Achievement Medal was erroneously omitted from his DD Form 214 at the time that it was prepared. The available documentation shows that Permanent Order Number 16-21 was published on 16 January 2003 awarding him the Army Achievement Medal and this award should be included on his DD Form 214.
2. While the orders that the applicant submitted in behalf of his application directed that he proceed on a temporary change of station from Fort Hood, Texas, to the Central Command area of responsibility, in support of Operation Enduring Freedom, effective on or about 5 February 2003, the orders do not indicate his exact destination or his exact date of arrival. Therefore, it would not be appropriate at this time to correct his DD Form 214 to show that he served in Iraq from 5 February 2003 through 4 July 2003.
3. However, military pay records show that the applicant received Imminent Danger Pay for service in Kuwait from 1 April through 31 July 2003. Therefore, it would be appropriate to correct his DD Form 214 to show that he had 4 months of Foreign Service in Kuwait.
4. In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__XXX __ __XXX__ __XXX__ 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. amending block 12f of his DD Form 214 to show that he had 04 months and 00 days of Foreign Service; and
b. amending block 13 to show that he was awarded the Army Achievement Medal; and
c. adding to block 18 the remarks SERVICE IN KUWAIT FROM 20030401 20030731.
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 amending his DD Form 214 to show that he had service in Iraq from 5 February 2003 through 4 July 2003.
___ XXX ___
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) AR20080010191
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