IN THE CASE OF:	

		BOARD DATE:	  	  9 December 2008

		DOCKET NUMBER:  AR20080014204 


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 correction of his records to show his second deployment to Iraq.  

2.  The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects only his first deployment to Iraq even though his awards from his second deployment are shown.  He states he served a second deployment to Iraq from Fort Hood, Texas from on or about 28 November 2005 until November 2006 based on the orders he submitted with his application.   

3.  The applicant provides a copy of Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Orders 278-08, dated 5 October 2005 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 April 2003 for a period of three years.  At the completion of basic combat and advanced individual training he was awarded military occupational specialty 21B (Combat Engineer).  His highest grade attained was specialist (SPC)/E-4.  

2.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Orders 278-08, dated 5 October 2005, show that the applicant's unit, 1st Battalion, 67th Armor, Fort Hood was assigned to the U.S. Central Command (USCENTCOM) for 


deployment in support of Operation Iraqi Freedom effective on or about
28 November 2005 for a period of 365 days; period may be shortened or extended, depending on mission requirements.

3.  Headquarters, Multi-National Division (Baghdad) Camp Liberty, Iraq, Permanent Orders Number 077-083, dated 18 March 2006, show the applicant was awarded the Combat Action Badge for service on 28 December 2005 in Iraq.  

4.  Headquarters, 1st Battalion, 67th Armor, 4th Infantry Division (Mechanized), Iskandariyah, Iraq, Permanent Orders Number 104-43, dated 13 April 2006, show that the applicant was awarded the Army Good Conduct Medal (First Award) for the period 17 April 2003 to 16 April 2006 and that he was assigned in Iraq during this period.

5.  The applicant was released from active duty on 16 February 2007 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service.  He completed 3 years, 10 months, and 1 day of active military service.  He was awarded the Purple Heart, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, and the Combat Action Badge.

6.  Item 12f (Foreign Service) on his DD Form 214 shows he completed 6 months and 6 days of foreign service.

7.  Item 18 (Remarks) on his DD Form 214 shows the entry "SERVICE IN IRAQ 20031011-20040416."

8.  In a 22 October 2008 email, the Defense Finance and Accounting Service (DFAS) informed a staff member of the ABCMR that the applicant received imminent danger pay (IDP) for service in Kuwait/Iraq from 1 October 2003 to 29 February 2004 and from 1 December 2005 to 31 October 2006.

9.  In a 25 November 2008 letter to the applicant, the Board analyst requested that he provide specific dates of his second deployment to Iraq.  The applicant indicated that his second deployment to Iraq was from 1 December 2005 to 30 October 2006.  He provided a copy of a 2nd Brigade Combat Team Reintegration Checklist which indicated his original deployment date as 1 December 2005 and the date he returned to Fort Hood as 30 October 2006.

10.  Army Regulation 635-5 (Separation Documents) directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.
11.  Army Regulation 635-5 states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18.

12.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal 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 Iraq Campaign Medal 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.  A bronze service star is authorized for the for the following authorized campaigns:  Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 currently reflects he served in Iraq from 11 October 2003 to 16 April 2004 and completed 6 months and 6 days of foreign service.

2.  Orders published by Headquarters, 4th Infantry Division (Mechanized), Fort Hood on 5 October 2005, show the applicant's unit was also deployed in support of Operation Iraqi Freedom from on or about 28 November 2005 for 365 days.  His records at DFAS show he received IDP from 1 December 2005 to
31 October 2006 for service in support of Operation Iraqi Freedom.

3.  The applicant provided a statement in which he indicated his second deployment to Iraq extended from 1 December 2005 to his arrival back at Fort Hood on 30 October 2006.

4.  Based on the evidence of record, it would be appropriate to amend the applicant's DD Form 214 to show 1 year, 5 months, and 6 days of total foreign service in item 12f and to amend item 18 to add the entry "SERVICE IN IRAQ FROM 20051201- 20061030."

5.  The applicant's DD Form 214 currently reflects award of the Iraq Campaign Medal.  However, the applicant participated in three campaigns while serving during Operation Iraqi Freedom.  Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Iraq Campaign Medal.

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 item 12f on his DD Form 214 to show 1 year, 5 months, and
6 days of foreign service; 

	b.  adding the entry "SERVICE IN IRAQ FROM 20051201-20061030" to item 18 on his DD Form 214; and

	c.  adding three bronze service stars for wear on his already-awarded Iraq Campaign Medal.



      ________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)                                         AR20080014204



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ABCMR Record of Proceedings (cont)                                         AR20080014204



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