DOCKET NUMBER:  AR20090003007 


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) to show award of the Iraq Campaign Medal and the Combat Action Badge.  The applicant also requests correction of his DD Form 214 to show he served in Iraq from "20070931" to 20080319.

2.  The applicant states that he was awarded the Combat Action Badge per Permanent Orders Number 020-024, dated 20 January 2008.

3.  The applicant provides a copy of Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 020-024, dated 20 January 2008, as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 6 January 2007.  On 24 January 2007, the applicant was discharged from the DEP and he enlisted in the Regular Army (RA) on 25 January 2007 for 3 years and 23 weeks.  Upon successful completion of the required training he was awarded military occupational specialty (MOS) 92G (Food Service Operations).  On 20 June 2008, the applicant was discharged in the rank/grade of private (PV1)/E-1, which was the highest rank he attained while serving on active duty.


2.  Section IX (Assignment Information) of the applicant's Enlisted Record Brief (ERB), dated 4 April 2008, shows he was reassigned from the Rear Detachment, 2d Battalion, 325th Infantry Regiment to the 407th Combat Support Battalion (Forward Support), effective 6 October 2007.

3.  Block 12f (Foreign Service) of the applicant's DD Form 214 shows he completed "0001 02 16" [1 year, 2 months, and 16 days] of foreign service.  Block 18 (Remarks) of this form shows the entry "SERVICE IN IRAQ FROM 20070104-20080319."

4.  Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 020-024, dated 20 January 2008, awarded the applicant the Combat Action Badge effective 18 November 2007 for actively engaging or being engaged by the enemy.

5.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the applicant's DD Form 214 shows award or authorization for the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Parachutist Badge.  This document does not show award of the Iraq Campaign Medal or the Combat Action Badge.

6.  Army Regulation 600-8-22 (Military Awards) states that 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)  participates 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].  This campaign medal may be awarded posthumously.

7.  Department of the Army MILPER [Military Personnel] Message 08-123, issued on 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding and wearing of bronze service stars on the Afghanistan Campaign 

Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq, he completed a qualifying period of service during the National Resolution campaign (16 December 2005 – date to be determined).

8.  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, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  This regulation provides that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in block 12f.  This regulation further stipulates 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 block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal and the Combat Action Badge.  The applicant also contends his DD Form 214 should be corrected to show he served in Iraq from "20070931"- 20080319.  Each of the applicant's contentions was carefully considered and determined to have partial merit.

2.  Permanent Orders awarded the applicant the Combat Action Badge.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this individual award.

3.  Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated during one campaign phase.  Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with one bronze service star.

4.  Block 18 of the applicant's DD Form 214, in pertinent part, shows he performed "SERVICE IN IRAQ FROM 20070104-20080319."  Evidence shows that the applicant did not enlist in the DEP until 6 January 2007, two days after the indicated beginning date of this tour in Iraq.  It appears the person who prepared the DD Form 214 transposed the numerals which represent the month 

from "10" [October] to "01" [January].  This is validated by the portion of the applicant's ERB which shows he was reassigned to a Forward Support unit on
6 October 2007.  Additionally, Army Regulation 635-5 contains a specific entry for active duty Soldiers deployed with their units during their continuous period of active service.  Therefore, the applicant's records should be corrected to show "SERVICE IN IRAQ FROM 20071004-20080319" instead of the current entry in block 18 of his DD Form 214.

5.  In view of the foregoing, it would be equitable to correct block 12f of the applicant's DD Form 214 to show that the total amount of foreign service actually completed during the period of active service was 5 months and 16 days.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

	a.  deleting from block 12f of the applicant's DD Form 214 the entry "0001 02 16" and replacing it with the entry "0000 05 16";

	b.  deleting from block 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20070104-20080319" and replacing it with the entry "SERVICE IN IRAQ FROM 20071004-20080319"; 

	c.  adding to block 13 of the applicant's DD Form 214 the Iraq Campaign Medal with one bronze service star and the Combat Action Badge; and

	d.  providing the applicant a correction to his DD Form 214 to show 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 showing he served in Iraq from "20070931" - 20080319.




      __________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)                                         AR20090003007



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ABCMR Record of Proceedings (cont)                                         AR20090003007


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