IN THE CASE OF:
BOARD DATE: 25 NOVEMBER 2008
DOCKET NUMBER: AR20080010997
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 he be furnished a Correction to DD Form 214 (DD Form 215) that includes his additional awards and decorations. He also requests, in effect, that block 12f (Foreign Service) on his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect his foreign service.
2. The applicant states that his request is only to have his additional awards added to a DD Form 215 and to have his foreign service corrected on his DD Form 214.
3. The applicant provides in support of his application, a copy of a Recommendation for Award, which shows that he was awarded the Army Commendation Medal; a copy of his Enlisted Record Brief; Permanent Order Number 100-261, dated 9 April 2004, awarding him the Army Commendation Medal; and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. On 16 October 2002, the applicant enlisted in the Regular Army in Minneapolis, Minnesota, for 4 years, in the pay grade of E- 2. He successfully completed his training as an infantryman.
2. On 9 April 2004, Permanent Order Number 100-261 was published awarding the applicant the Army Commendation Medal for meritorious service while performing combat operations in support of Operation Iraqi Freedom from 4 August 2003 to 20 March 2004.
3. After completing 2 years, 11 months and 3 days, the applicant was discharged on 3 August 2005, under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. His discharge was subsequently upgraded to under honorable conditions by the Army Discharge Review Board on 11 July 2007.
4. The DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the Global War on Terrorism Service Medal, the Army Service Ribbon, the Combat Infantryman Badge and the Parachutist Badge. Block 12f on his DD Form 214 shows that he had no Foreign Service while he was in the Army. It is noted that the date that the applicant entered on active duty this period is incorrectly reflected on his DD Form 214.
5. The applicants Enlisted Record Brief shows that he was awarded the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Combat Infantryman Badge and the Parachutist Badge. However, the Army Commendation Medal, the Iraq Campaign Medal, the National Defense Service Medal, and the Army Achievement Medal were not included on his DD Form 214.
6. The Recommendation for Award of the Army Commendation Medal and Permanent Order Number 100-261 that the applicant submitted in support of his application shows that he was in combat in support of Operation Iraqi Freedom from 4 August 2003 to 20 March 2004.
7. Information obtained from the Defense Finance and Accounting Service confirms that the applicant was receiving imminent danger pay from 1 August 2003 through 31 March 2004, for service in Kuwait.
8. 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.
9. Army Regulation 635-5 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. Errors were made during the preparation of the applicants DD Form 214 which resulted in the omission of the Army Commendation Medal, the Iraq Campaign Medal, the National Defense Service Medal, and the Army Achievement Medal.
2. The available records show that he was awarded the Army Commendation Medal, the Iraq Campaign Medal, the National Defense Service Medal, and the Army Achievement Medal and these awards should be included on his DD Form 214.
3. Additionally, the Recommendation for Award of the Army Commendation Medal and Permanent Order Number 100-261 that the applicant submitted in support of his application shows that he was in combat in support of Operation Iraqi Freedom from 4 August 2003 to 20 March 2004. Information obtained from the Defense Finance and Accounting Service confirms that the applicant was receiving imminent danger pay from 1 August 2003 through 31 March 2004, for service in Kuwait. Therefore, it would be appropriate to correct his DD Form 214 to show that he had 7 months and 17 days 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:
___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) amending block 12f of his DD Form 214 to show that he had 00 years, 07 months and 17 days of Foreign Service;
b) amending block 13 to show that he was awarded the Army Commendation Medal, the Iraq Campaign Medal, the National Defense Service Medal, and the Army Achievement Medal; and
c) adding to block 18 the remark SERVICE IN KUWAIT FROM 20030804 20040320.
_______ _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) AR20080010997
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ABCMR Record of Proceedings (cont) AR20080010997
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