DOCKET NUMBER: AR20090002172
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 27 January 2009 to show awards of the Iraq Campaign Medal and the Korea Defense Service Medal.
2. The applicant states, in effect, that his overseas service in Korea and his deployment to Iraq are not added on his DD Form 214.
3. The applicant provides his DD Form 214; a Enlisted Record Brief (ERB), prepared on 27 January 2009, and a Soldier Deployment History Out-processing Report, dated 27 January 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 January 2005 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).
2. The applicant's ERB, dated 27 January 2009 shows in (Section I - Assignment Information) that he served in Korea from 31 May 2005 to 10 July 2006 and that he was deployed to Iraq from 24 July 2007 to 19 October 2008.
3. Headquarters, 4th Sustainment Brigade Permanent Orders Number 232-004, dated 19 August 2008 show that the applicant was awarded the Army Commendation Medal for meritorious service in Iraq during the period 24 July 2007 through 15 October 2008.
4. On 27 January 2009, the applicant was honorably released from active duty after completing 4 years of creditable active service.
5. The applicant's DD Form 214 with the period ending 27 January 2009 shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon. Item 12f (Foreign Service) of his DD Form 214 does not show the total amount of foreign service completed during the periods covered and item 18 (Remarks) does not show his deployment to Iraq.
6. On 25 February 2009, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Korea from May 2005 to May 2006 and he served in Iraq from July 2007 to October 2008.
7. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the ICM must 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 ICM 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.
8. Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
9. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
10. 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 preparation of the DD Form 214.
11. Army Regulation 635-5 states, in item 18 (Remarks), for active duty Soldiers deployed with their 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. Based on his service in Iraq and Korea, the applicant is eligible for award of the Iraq Campaign Medal and the Korea defense Service Medal. His DD Form 214 should be amended to add these awards.
2. Evidence of record shows that the applicant was awarded the Army Commendation Medal. His DD Form 214 should be amended to add this award.
3. The applicant met the eligibility criteria for award of the Overseas Service Ribbon. Therefore, his DD Form 214 should be amended to add this award.
4. The applicant's DD Form 214 does not show his deployment to Iraq nor does it show his service in Korea. His DD Form 214 should be amended to read "0002" years, "04" months, and "07" days in item 12f and to add "SERVICE IN IRAQ FROM 20070724-20081019" in item 18.
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 his DD Form 214 in item 12f to read "0002" years, "04" months, and "07" day(s);
b. amending his DD Form 214 in item 13 to add the Iraq Campaign Medal, the Korea Defense Service Medal, the Army Commendation Medal, and the Overseas Service Ribbon; and
c. amending his DD Form 214 in item 18 to add " SERVICE IN IRAQ FROM 20070724-20081019."
_______ _ _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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