BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20080013573 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq from 
28 November 2004 to 17 October 2005.

2.  The applicant states that his DD Form 214 does not show that he was deployed to Iraq. 

3.  The applicant provides his DD Form 214; a Multi-National Corps – Iraq, Task Force Dragon memorandum, subject:  Validation of Soldier's Deployment History, dated 5 March 2008; Headquarters, XVIII Airborne Corps, Fort Bragg, NC Orders 279-046, dated 5 October 2004 for Headquarters and Headquarters Company (HHC), 327th Signal Battalion, with an extract of an attached list, which deployed unit members to Iraq in support of Operation Iraqi Freedom; an Army Achievement Medal Certificate; a 327th Signal Battalion Certificate of Achievement; a certificate authorizing the applicant to wear the 35th Signal Brigade (Airborne) Shoulder Sleeve Insignia as a wartime patch; a Certificate of Appreciation for his support in preparation for a United Service Organizations (USO) show held on 13 December 2004; and two photographs in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army (RA) on 6 November 2003.  He completed basic and advanced individual training 

and he was awarded military occupational specialty (MOS) 31R (Multichannel Transmission Operator/Maintainer), which was converted into MOS 25Q with the same duty title.  He was then reassigned to Fort Bragg.  On 5 March 2008, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

2.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show that he had any foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this same document does not show that he was awarded the Iraq Campaign Medal (ICM).  Item 18 (Remarks) of this document also does not contain a statement that he served in Iraq.  However, his Enlisted Record Brief shows that he was awarded the Iraq Campaign Medal.  His Official Military Personnel File (OMPF) also contained a certificate which shows that he was awarded the Army Achievement Medal for meritorious service while supporting Operation Iraqi Freedom III for the period
28 November 2004 to 28 November 2005 by Headquarters, 35th Signal Brigade, Camp Victory, Iraq Permanent Order Number 234-012, dated 22 August 2005.  Additionally, the applicant clarified that his dates of service in Iraq were actually from 28 November 2004 to 17 October 2005, and he provided a memorandum, dated 5 March 2008, from his company commander during his service in Iraq which corroborates these dates.  

3.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f of this document.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation IRAQI FREEDOM.  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 Operation IRAQI FREEDOM.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for
30 consecutive days or for 60 non-consecutive days.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period or service.

5.  Military Personnel (MILPER) Message Number 08-123, dated 30 April 2008, provides guidance on the criteria, applicability, and standards on awarding 
service stars on the ICM.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq from 28 November 2004 to 17 October 2005, he participated in the Iraqi Governance campaign (29 June 2004 to 15 December 2005).

6.  Army Regulation 635-5 (Personnel Separations - 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 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).

7.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq from 28 November 2004 to 17 October 2005.

2.  Evidence of record clearly shows that the applicant served in Iraq, and while many of the documents provided by the applicant show differing beginning and ending dates for his service in Iraq, both the applicant and his company 
commander at the time have corroborated that his actual service dates in Iraq were from 28 November 2004 to 17 October 2005.  

3.  While the applicant only requested that his DD Form 214 be corrected to show his service in Iraq from 28 November 2004 to 17 October 2005, the fact that his award of the ICM is missing from this document and that item 12f shows no foreign service, it would be in the interest of justice to also correct those items as well so as to make his DD Form 214 truly complete.  In addition, the applicant is entitled to one bronze service star to be affixed to his already awarded ICM.
4.  In view of the foregoing, it would be appropriate at this time to correct the military records of the applicant as shown below.

BOARD VOTE:

___x____  __x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 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 "0000 10 20";

   b.  adding to item 13 of the applicant's DD Form 214 the Iraq Campaign Medal with one bronze service star; and 

   c.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20041128 – 20051017."

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career, and especially during Operation Iraqi Freedom.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _________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)                                         AR20080013573



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ABCMR Record of Proceedings (cont)                                         AR20080013573



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