IN THE CASE OF:	  

		BOARD DATE:	  	  8 January 2009

		DOCKET NUMBER:  AR20080017415 


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, correction of his discharge document to show his combat service and all authorized awards and decorations based on his military service.

2.  The applicant states, “I got a standard DD 214.”

3.  The applicant provides a copy of the front of Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Orders 048-046, dated
17 February 2006; Army Human Resource Systems - Outprocessing Report, Soldier Deployment History Outprocessing Report for the period 1 January 2006 to 18 May 2007; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 23 May 2007; and Standard Form 180 (Request Pertaining to Military Records), dated 24 September 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the U.S. Army Reserve for a period of 8 years on 2 December 2004.  He then enlisted in the Regular Army for a period of 5 years and entered active duty on 6 July 2005.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).

2.  The applicant's military personnel records are absent any evidence that shows he deployed overseas in support of Operation Iraqi Freedom.
3.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty on 6 July 2005 and he was discharged on 23 May 2007 under honorable conditions, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, based on a pattern of misconduct.  At the time he had completed 1 year, 10 months, and
18 days net active service this period.  Item 12 (Record of Service), block
f (Foreign Service), shows he completed “0000” [years], “00” [months], and
“00” [days] foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.  Item 18 (Remarks) is absent any information pertaining to service in support of overseas operations.

4.  In connection with the processing of this case, coordination was made with Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana.  This coordination revealed that DFAS records show the applicant entered active duty on 6 July 2005 and received imminent danger pay for service in a combat zone (i.e., Kuwait) from 1 March 2006 to 30 November 2006.

5.  In support of his application, the applicant provides a copy of the front of Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Orders 048-046, dated 17 February 2006, that, in pertinent part, ordered group movement of Soldiers assigned to Headquarters and Headquarters Battery/
B Battery, 1st Battalion, 321st Field Artillery (WE7ZT0, WE7ZB0), Fort Bragg, North Carolina in support of Operation Iraqi Freedom for a period of 365 days on 2 March 2006.  However, the reverse of the order and referenced attached list of Soldiers is not provided.  The Army Human Resource Systems - Outprocessing Report, Soldier Deployment History Outprocessing Report, for the period
1 January 2006 to 18 May 2007, shows the applicant deployed while assigned to Unit Identification Code (UIC) WE7ZT0 from 3 March 2003 (sic) to 26 November 2006 in an unnamed operation for the purpose of war.  This document also shows it was authenticated and signed by the Human Resources Sergeant and the applicant on 18 May 2007.  He also provides a Standard Form 180, dated
24 September 2008, that shows, in pertinent part, the applicant requested copies of his military service records, indicating he entered active duty on 5 July 2005 (sic) and was released from active duty on 23 May 2007.

6.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that Hostile Fire Pay (HFP)/Imminent Danger Pay (IDP) is payable at a monthly rate.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Iraq Campaign Medal to individuals who have served in direct support of Operation Iraqi Freedom (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.  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, or engaged in combat during an armed engagement, regardless of the time in the area of eligibility.  No service member will be entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement or period of service.

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

9.  Army Regulation 635-5 (Personnel Separations - 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 guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

10.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.
The instructions for Item 12 state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also provides for Item 12, block f, to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB.  The instructions for Item13 state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.  The instructions for Item 18 state to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter the statement, "Service in (Name of Country Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his combat service and all authorized awards and decorations based on his military service.

2.  The evidence of record shows the applicant was authorized HFP/IDP during the period 1 March 2006 to 30 November 2006 for his service in an HFP/IDP area (Kuwait) in support of Operation Iraqi Freedom.  In addition, the evidence of record confirms that the applicant was deployed overseas in support of combat operations during the period 3 March 2006 to 26 November 2006.  This period of overseas service equates to 8 months and 24 days of foreign service.  Thus, the evidence of record supports the applicant’s claim that he served overseas in support of Operation Iraqi Freedom.  Therefore, his DD Form 214 should be corrected to show his foreign service in support of Operation Iraqi Freedom.

3.  The evidence of record show the applicant served in Kuwait, which is where units routinely initially deploy to prior to entry into Iraq.  In addition, the evidence of record supports the fact that the applicant served in Iraq. 

4.  In view of the foregoing, it is concluded that the applicant served a qualifying period of service for award of the Iraq Campaign Medal and that he participated in the National Resolution campaign.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Iraq Campaign Medal with   1 bronze service star.



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.  deleting from Item 12, block f of his DD Form 214 the entry “0000” [years], “00” [months], and “00” [days];

     b.  adding to Item 12, block f of his DD Form 214 the entry “0000” [years],  “08” [months], and “24” [days];

     c.  adding to Item 13 of his DD Form 214 the Iraq Campaign Medal with
1 bronze service star; and

     d.  adding to Item 18 of his DD Form 214 the entry, “SERVICE IN KUWAIT/ IRAQ FROM 20060303 - 20061126//NOTHING FOLLOWS.”




      _______ _   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)                                         AR20080017415



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ABCMR Record of Proceedings (cont)                                         AR20080017415



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