IN THE CASE OF:
BOARD DATE: 9 June 2009
DOCKET NUMBER: AR20080019768
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, that his service in Iraq be documented in item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, item 12f of his DD Form 214 indicates he completed no overseas service when in fact he completed 15 months of service in Iraq.
3. The applicant provides a DA Form 638 (Recommendation for Award), an Army Commendation Medal (ARCOM) Certificate, and his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows that he enlisted in the Regular Army (RA) and entered active duty on 22 June 2004. He was trained in and awarded military occupational specialty 92W (Water Treatment Specialist) and specialist (SPC) is the highest rank he attained while serving on active duty.
2. The applicants record contains a DA Form 638 and award certificate that confirms he was awarded the ARCOM for his outstanding service in support of Operation Iraqi Freedom during the period 24 August 2006 through 6 August 2007. The certificate confirms this award was properly authorized and announced in Headquarters,1st Brigade, 34th Infantry Division, LSA Adder, Iraq, Permanent Orders Number 163-029, dated 12 June 2007.
3. On 5 September 2008, the applicant was discharged under the provisions of chapter 14, Army Regulation 635-200 (Personnel Separations), by reason of misconduct (serious offense) after completing a total of 4 years, 2 months, and 14 days of active military service and receive a general, under honorable conditions discharge (GD). The DD Form 214 he was issued contains an entry indicating he completed no overseas service during his active duty tenure in item 12f and item 18 (Remarks) is void of an entry pertaining to his service in Iraq. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.
4. Defense Finance and Accounting Service records confirm the applicant received imminent danger pay during the period 1 August 2006 through
30 September 2007.
5. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM). It states, in pertinent part, that it is authorized for 30 consecutive days of service in Iraq in support of Operation Iraqi Freedom completed from 19 March 2003 through a future date to be determined.
6. Army Regulation 600-8-22 provides for wear of a bronze service star on the appropriate campaign medal, to include the ICM, for each campaign participation. The applicant participated in the National Resolution campaign (16 December 2005 to a date to be determined).
7. Army Regulation 635-5 (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 item-by-item instructions for preparing the DD Form 214. The instructions for item 12f are to enter the total amount of foreign service completed during the period covered by the DD Form 214.
8. Army Regulation 635-5 states that, for item 18 of the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included for an active duty Soldier deployed with his or her unit during his or her continuous period of active service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his 15 months of service in Iraq was carefully considered and found to have partial merit. The evidence of record confirms the applicant served in Iraq for
11 months and 13 days, from 24 August 2006 through 6 August 2007, as evidenced by the DA Form 638 and ARCOM certificate on file in his record. No additional Iraq service is documented in his military record. Therefore, item 12f and item 18 of his DD Form 214 should be corrected only to reflect 11 months and 13 days of overseas service in Iraq, not the 15 months requested by the applicant.
2. Further, based on the ARCOM certificate on file and his service in Iraq, item 13 of the applicants DD Form 214 should be amended to add the ICM with one bronze service star and the ARCOM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ __X____ ___X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 as follows:
a. Item 12 - deleting the current entry and replacing it with the entry "0000 11 13,"
b. Item 13 - adding the ICM with one bronze service star and the ARCOM,
c. Item 18 - adding the entry "SERVICE IN IRAQ FROM 20060824-20070806," and
d. providing him a correction to the separation document that reflects these changes.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting a total of 15 months of Iraq service credit.
___________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) AR20080019768
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ABCMR Record of Proceedings (cont) AR20080019768
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