IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080016553
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 item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployments in Iraq.
2. The applicant states that his first deployment to Iraq was from 21 January 2004 to 27 July 2004 and his second deployment was from 1 February 2006 to 28 February 2007.
3. The applicant provides a copy of his DD Form 214 and two memoranda in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 June 2003 and trained in military occupational specialty (MOS) 63B (wheeled vehicle mechanic). On
29 May 2007, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
2. Item 18 on the applicant's DD Form 214 does not show any deployments. His DD Form 214 does not show the Iraq Campaign Medal as an authorized award.
3. In support of his claim, the applicant provided a memorandum for record, dated 1 July 2004, from the Commanding Officer, Headquarters, 501st Forward Support Battalion, which states, in pertinent part, that he served in Iraq from
21 January 2004 to July 2004. He also provided a memorandum for record, dated 1 January 2007, from the Commanding Officer, Headquarters, 501st Forward Support Battalion, which states, in pertinent part, that he served in Iraq from February 2006 to February 2007.
4. Records at the Defense Finance and Accounting Service (DFAS) also show the applicant served in Iraq from January to July 2004 and from January 2006 to February 2007.
5. 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 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 item 18.
6. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of 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 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 OIF. A bronze service star is authorized for the following campaigns: Liberation of Iraq 19 March 2003 1 May 2003; Transition of Iraq 2 May 2003 28 June 2004; Iraqi Governance 29 June 2004 15 December 2005; and National Resolution 16 December 2005 date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The command's memoranda of record, DFAS confirmation, and the applicant's statement of his inclusive dates of service in Iraq are accepted as sufficient evidence on which to amend item 18 of the applicants DD Form 214 to show he served two deployments in Iraq. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Iraq from 21 January 2004 to 27 July 2004 and from 1 February 2006 to 28 February 2007.
2. Based on the applicant's service in Iraq in support of OIF, he is entitled to award of the Iraq Campaign Medal with three bronze service stars.
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. adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20040121-20040727 and 20060201-20070228" and
b. adding the Iraq Campaign Medal with three bronze service stars to 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) AR20080016553
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ABCMR Record of Proceedings (cont) AR20080016553
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