IN THE CASE OF:
BOARD DATE: 17 March 2009
DOCKET NUMBER: AR20080017919
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Iraq.
2. The applicant states that her DD Form 214 does not show her foreign service in Iraq from 28 September 2003 to 29 February 2004.
3. The applicant provides copies of her DD Form 214, travel orders, Soldier Deployment History Out-Processing Report, and divorce decree.
CONSIDERATION OF EVIDENCE:
1. On 6 February 2003, the applicant enlisted in the Regular Army. She completed her initial training and was awarded military occupational specialty 88M (Motor Transport Operator).
2. Orders 255-055, XVIII Airborne Corps, dated 12 September 2003, directed the applicant to deploy with her unit, the 546th Transportation Company, to Iraq in support of Operation Enduring Freedom. The orders specified a reporting date of on or about 27 September 2003 with 179 days of duty, extendable up to 364 days.
3. The applicant's Soldier Deployment History Out-Processing Report, dated 27 February 2006, shows that she served with her unit from 28 September 2003 to 28 February 2004.
4. On 5 May 2006, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). She had attained the rank of specialist, pay grade E-4, and had completed 3 years and
3 months of creditable active duty service during this period.
5. An electronic mail message from the Defense Finance and Accounting Service states, in effect, that the applicant served in Iraq and received imminent danger pay during the period from 1 September 2003 to 29 February 2004.
6. Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any overseas service during this period.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists her awards as the Army Commendation Medal, National Defense Service Medal, and the Global War on Terrorism Service Medal. It does not show award of the Iraq Campaign Medal.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas. To qualify for award of this campaign medal, service members must have been assigned or attached to, or mobilized with, units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participate as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations (each day of operations counts as one day of eligibility).
9. A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star. The applicant's records show that she participated in one campaign, the Transition of Iraq. This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.
10. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for an entry in item 12f of the total amount of foreign service completed during the current period of active duty. It further provides that item 18 (Remarks) will contain the following entry for Regular Army Soldiers, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her service in Iraq.
2. The available evidence clearly shows the applicant served in Iraq from 28 September 2003 to 28 February 2004.
3. In view of the above, the applicant's DD Form 214 should be corrected to show in item 12f a period of 5 months and 1 day of foreign service, and in item 18, "SERVICE IN IRAQ FROM 20030928 to 20040228."
4. As further evidence of her service in Iraq, her DD Form 214 should be corrected to add the Iraq Campaign Medal with one 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. showing in item 12f of her DD Form 214, 5 months and 1 day;
b. adding in item 13 of her DD Form 214, the Iraq Campaign Medal with one bronze service star; and
c. adding in item 18 of her DD Form 214, "SERVICE IN IRAQ FROM 20030928 to 20040228.
___________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.
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