IN THE CASE OF:	  

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080011391 


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 separation document (DD Form 214, Certificate of Release or Discharge from Active Duty) be corrected to reflect his overseas service in Iraq and to show he completed his first full term of service.

2.  The applicant states, in effect, that he spent almost 12 months in Iraq and it is not reflected on his DD Form 214.  He further claims his separation document should show he completed his first full term of service because he reenlisted.

3.  The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he initially enlisted in the Regular Army (RA) for 3 years and 22 weeks and entered active duty on 11 May 2005.  He was trained in and awarded military occupational specialty 92F (Petroleum Supply Specialist) and specialist/E-4 is the highest rank he attained while serving on active duty.  

2.  The applicant’s record shows he accepted nonjudicial (NJP) punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 9 August 2007 for the illegal use of cocaine and that his punishment for this offense included a reduction to private first class/E-3.  On 10 April 2008, he again accepted NJP for the wrongful use of cocaine and this resulted in his reduction to private/E-1 and in his being processed for separation for misconduct.
3.  The applicant’s record contains an award certificate that confirms the applicant was awarded the Army Commendation Medal (ARCOM) for his meritorious service while deployed to Iraq in support of Operation Iraqi Freedom from 6 December 2005 through 18 November 2006.  The certificate confirms this award was properly authorized and announced in Headquarters, Fires Brigade, Camp Liberty, Iraq, Permanent Orders Number 205-37.

4.  On 22 May 2008, the applicant was discharged under the provisions of chapter 14, Army Regulation 635-200 (Personnel Separations), by reason of misconduct (drug abuse) after completing a total of 3 years and 12 days of active military service.  The DD Form 214 he was issued contains an entry indicating he completed no overseas service during his active duty tenure in item 12f (Foreign Service) and item 18 (Remarks) is void of an entry pertaining to his service in Iraq.  Item 18 does contain an entry that indicates the applicant did not complete his first full term of service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal and Army Service Ribbon during his active duty tenure.

5.  Defense Finance and Accounting Service records confirm the applicant received imminent danger pay during the period 1 December 2005 through 30 November 2006.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that it is authorized for 30 consecutive days of service in Iraq in support of Operation Iraqi Freedom completed from 19 March 2003 through a future date to be determined.  Paragraph 2-19 contains guidance on the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized for 30 consecutive days of service outside of designated areas of operation during the period from 11 September 2001 through a future date to be determined.

7.  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 item-by-item instructions for preparing the DD Form 214.  The instructions for item 12f are to enter the total amount of foreign service completed during the period covered by the DD Form 214.

8.  The separation documents regulation instructions for item 18 of the DD Form 214 specify, in pertinent part, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included for an active duty Soldier deployed with his or her unit during his or her continuous period of active service covered by the DD Form 214.

9.  The item 18 instructions contained in the separation documents regulation further state, in pertinent part, that an entry will be included indicating if the Soldier had or had not completed his/her first full term of service.  The regulation stipulates, in pertinent part, that to determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in item 12c of the DD Form 214.  If Soldier has completed or exceeded the initial enlistment, enter "has."  If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect his overseas service in Iraq was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Iraq from 6 December 2005 through 18 November 2006 as evidenced by the ARCOM certificate on file in his record.  Therefore, item 12f and item 18 of his DD Form 214 should be corrected to reflect this overseas service in Iraq.

2.  Further, based on the ARCOM certificate on file and his service in Iraq, item 13 of the applicant’s DD Form 214 should be amended to add the ARCOM, ICM, and GWOTSM.

3.  The applicant’s contention that his DD Form 214 should contain an entry showing he completed his first full term of service was also carefully considered.  However, his enlistment contract confirms he enlisted in the RA for a period of 3 years and 22 weeks, and his record shows he was discharged for misconduct after completing only 3 years and 12 days of active duty service.  There is no evidence of record to show he ever reenlisted.  As a result, since he failed to complete the entire 3 years and 22 weeks of his initial term of service, the entry in item 18 that shows he did not complete his first full term of service is accurate. Therefore, there is an insufficient evidentiary basis to support granting this portion of the 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 amending the DD Form 214 as follows:

	a.  Item 12 - deleting the current entry and replacing it with the entry "0000  11  13,"

	b.  Item 13 - adding the ARCOM, ICM, and GWOTSM,

	c.  Item 18 - adding the entry "SERVICE IN IRAQ FROM 20051206-20061118," and 

	d.  providing him a correction to the separation document that reflects 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 correcting the DD Form 214 to show he completed his first full term of service.



      ________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)                                         AR20080011391



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ABCMR Record of Proceedings (cont)                                         AR20080011391



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