IN THE CASE OF:	  

		BOARD DATE:	  9 April 2009

		DOCKET NUMBER:  AR20080010367 


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 his 4 February 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Germany, Kosovo, and Kuwait/Iraq.  He further requests that all awards he received and is entitled to be added to his DD Form 214.

2.  The applicant states, in effect, that Item 12f (Foreign Service) of his DD Form 214 does not reflect his overseas service in Germany, Kosovo, or his two tours in Kuwait/Iraq.  He also states that all of the awards he earned during his active duty tenure are not annotated on his DD Form 214.  He further states that during his discharge processing he attempted to have his DD Form 214 corrected but was told he would have to mail in his request for a correction.

3.  The applicant provides the following documents in support of his application:  Headquarters, United States Army Field Artillery Center and Fort Sill, Oklahoma, Orders Number 114-00402, dated 24 April 2002; Headquarters, 1st Infantry Division, Order Number TFD 4641, dated 15 January 2004; Headquarters, XVIII Airborne Corps and Fort Bragg Memorandum, dated 31 May 2005; Soldier Deployment History Out-processing Report; Enlisted Record Brief (ERB); and 
DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army (RA) and entered active duty on 17 January 2002.  He was trained in, awarded, and served in military occupational specialty (MOS) 13B (Cannon Crewmember), and the highest rank he attained during his military service was specialist (SPC).

2.  The applicant's Enlisted Record Brief (ERB) dated 2 June 2005 shows in Section VIII (Awards and Decorations) the following awards: Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Army Service Ribbon (ASR), Global War on Terrorism Expeditionary Medal (GWOTEM), and the Global War on Terrorism Service Medal (GWOTSM).

3.  Section IX (Assignment Information) shows the applicant served in Germany during the period 27 May 2002 through 13 January 2003, Skopje [Macedonia] during the period 14 January 2003 through 5 May 2003, and again in Germany during the period 6 May 2003 through 28 May 2005.

4.  The applicant's Official Military Personnel File (OMPF) contains an Army Commendation Medal (ARCOM) Certificate.  This document shows that 101st Sustainment Brigade, Q-West Base Complex, APO AE 09351, Permanent Orders Number 200-51 awarded him the ARCOM for his outstanding, selfless service during Operation Iraqi Freedom IV while serving as a gunner during the period 27 October 2005 through 11 October 2006.

5.  On 4 February 2008, the applicant was discharged with a general, under honorable conditions discharge under the provisions of Chapter 14, Army Regulation 635-200, by reason of misconduct.  The DD Form 214 he was issued at the time confirms he completed a total of 5 years, 9 months, and 4 days of active military service.  Item 12f contains the entry "0000 00 00" which indicates he completed no overseas service during the period covered by the DD Form 214. 

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his tenure on active duty:  AGCM, NDSM, GWOTSM, and ASR.

7.  A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for Macedonia during the period 1 January 2003 through 31 May 2003 and in Kuwait/Iraq during the periods 1 February 2004 through 28 February 2005 (these two deployments were undertaken while he was assigned to Germany) and 
1 October 2005 through 31 October 2006.


8.  The applicant provides Headquarters, United States Army Field Artillery Center and Fort Sill, Oklahoma, Orders Number 114-00402, dated 24 April 2002. These orders reassigned the applicant on a permanent change of station (PCS) to Germany with a will proceed date of 9 May 2002, and a reporting date of
4 June 2002.  

9.  The applicant also provides Headquarters, 1st Infantry Division, Order Number TFD 4641, dated 15 January 2004.  This document shows the applicant was directed to proceed on temporary change of station (TCS) from Germany to Coalition Central Command (CENTCOM), Iraq in support of Operation Iraqi Freedom II Rotation effective on or about 12 February 2004. 

10.  The applicant further provides a Soldier Deployment History Out-Processing Report which covers the period 14 January 2002 through 26 June 2007.  This document shows the applicant was deployed for a Peace Keeping Operation during the period 15 January 2003 through 15 May 2003 and 15 February 2004 through 15 February 2005.  It also shows he was deployed for the purpose of war during the period 16 October 2005 through 7 October 2006.

11.  In response to an inquiry from a member of the Board staff via electronic mail (e-mail), the applicant indicates his dates of service during his first deployment to Kuwait/Iraq was 14 February 2004 through 10 February 2005.

12.  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.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other documents authorized for filing in the Official Military Personnel File (OMPF).

13.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 12f state that all overseas service completed during the period covered by the DD Form 214 will be entered.  The instructions for Item 13 stated that all awards earned during all periods of service will be entered.  The instructions for Item 18 (Remarks) state, in pertinent part, that for an active duty Soldier deployed (emphasis added) with his or her unit during their continuous period of active service covered by the DD Form 214, the following entry will be made:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD".  
14.  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 the ICM is authorized to members who 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 ICM 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.  It further stipulates that service members who 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.  One bronze service star shall be worn on the suspension and campaign ribbon of the ICM for 1 or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are:  Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 12f and Item 18 of his DD Form 214, should be corrected to show his foreign service in Germany, Kosovo, and Iraq was carefully considered and found to have partial merit.  By regulation, all foreign service completed will be entered in Item 12f of the DD Form 214, and the deployed service of an active duty Soldier should be documented with an entry in Item 18 of the DD Form 214.

2.  The evidence of record confirms the applicant was reassigned to Germany on a permanent change of station (PCS) move.  He was assigned to Germany during the period 27 May 2002 through 28 May 2005 for a period of 3 years and 1 day.

3.  The evidence of record confirms the applicant served in Macedonia, not Kosovo as he stated in his application, during the period 14 January 2003 through 5 May 2003, as evidenced by his ERB which is corroborated by the DFAS pay record that verifies he received HFP/IDP during this period.  He served on this deployment for 3 months and 22 days.


4.  The evidence also confirms the applicant served in Iraq during the period     14 February 2004 to 10 February 2005 (from Germany) and from 16 October 2005 to 7 October 2006, for 11 months and 22 days, as evidenced by his Soldier Deployment History Outprocessing Report, which is corroborated by his DFAS pay record that verifies he received HFP/IDP during this period.  

5.  Based on the applicant's PCS move to Germany for 3 years and 1 day (which encompasses his deployment to Macedonia and his first deployment to Kuwait/
Iraq) and his second deployment to Kuwait/Iraq, it would be appropriate to add the entry "0003 11 23" to Item 12f of his DD Form 214 to show his total foreign service.

6.  The applicant deployed to Macedonia and Kuwait/Iraq.  Therefore, item 18 of the applicant's DD Form 214 should be corrected to show "SERVICE IN MACEDONIA FROM 20030114 - 20030505" and "SERVICE IN KUWAIT/IRAQ FROM 20040214 - 20050210 and 20051016 – 20061007."

7.  Furthermore, the evidence of record confirms that based on the applicant’s active duty service on and after 11 September 2001 and his service in Kuwait/Iraq on two separate occasions in support of OIF he is also entitled to the GWOTEM and the ICM with 3 bronze service stars.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

8.  The applicant states he served in Kosovo; however, evidence of record and confirmation by DFAS shows he served in Skopje, Republic of Macedonia.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

9.  Additionally, the evidence of record confirms the applicant served in Germany; however, there is no provision to specifically show this service by country on the DD Form 214 as it was not a deployment.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  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.  deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0003 11 23";

   b.  adding to item 13 of his DD Form 214 the ICM with 3 bronze service stars and the GWOTEM;

	c.  adding to Item 18 of his DD Form 214 the entries "SERVICE IN MACEDONIA FROM 20030114-20030505" and "SERVICE IN KUWAIT/IRAQ FROM 20040214 -20050210 and 20051016-20061007 "; and
	
   d.  providing him a correction to his separation document that includes these changes.

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 showing a deployment to Kosovo and to specifically identifying his service in "Germany" on 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)                                         AR20080010367



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ABCMR Record of Proceedings (cont)                                         AR20080010367



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