BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090004754 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the overseas service he completed in Iraq.   

2.  The applicant states, in effect, that he served in Iraq from 10 January through 17 September 2008, and this service is not recorded in item 12f of his DD Form 214.  He also claims his DD Form 214 does not list all of his awards.  

3.  The applicant provides a statement of wartime service memorandum and a DD Form 214, dated 18 November 2003 in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that while he was serving as a sergeant in a United States Army Reserve (USAR) Troop Program Unit (TPU), he was ordered to active duty in support of Operation Iraqi Freedom in 143rd Transportation Command, Orlando, Florida, Orders 07-286-00006, dated 13 October 2007, and on 30 October 2007, he entered active duty on this deployment.   

2.  The applicant served on active duty for 11 months and 11days until being honorably released from active duty (REFRAD) upon completion of his required active service on 10 October 2008.  


3.  The DD Form 214 issued to the applicant upon his REFRAD on 10 October 2008, reflects no overseas service during the period in item 12f.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Parachute Rigger Badge, Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Armed Forces Reserve Medal with "M" (Mobilization) Device, and Parachutist Badge.  Item 18 contains the entries "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS" and 'ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302".  There is no entry in item 18 documenting his dates of service in Iraq.  

4.  The applicant fails to show the applicant earned any awards other than those he is eligible for due to his Iraq service prior to 10 October 2008, the effective date of the DD Form 214 in question. 

5.  The Defense Finance and Accounting Service (DFAS) record confirms the applicant served in a combat zone and received imminent danger pay/hostile fire pay (IDP/HFP) during the period between 1 November 2007 and 30 September 2008.   

6.  The applicant provides a Statement of Wartime service memorandum issued by the commander, Headquarters and Headquarters Company, 2125th Garrison Support Unit, Fort Bragg, North Carolina, which certifies the period of service the applicant was deployed to Iraq in support of Operation Iraqi Freedom was 
10 January through 17 September 2008.  

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 preparation instructions for the DD Form 214.  The instructions for item 12f state, in pertinent part, to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for item 13 state, in pertinent part, to list all awards and decorations for all periods of service.


8.  The instructions for item 18 contained in the separation documents regulation state, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession: (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)"; (2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" and (3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that it is authorized for service in Iraq on or after 
19 March 2003, to a date to be determined by the Secretary of Defense.  It also states that a campaign service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  Approved designated ICM campaigns are the Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his Iraq service should be documented on his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Iraq for 8 months and 8 days from 
10 January through 17 September 2008, as evidenced by the statement of wartime service provided by the applicant and corroborated by the DFAS record. Therefore, it would be appropriate to amend item 12f and 18 of his DD Form 214 to properly document this service.  

2.  The applicant's contention that all of his earned awards are not included in item 13 of his DD Form 214 was also carefully considered and found to have merit.  The evidence of record shows that all earned awards with the exception of than the award he is eligible for based on his Iraq service were entered in item 13 of his DD Form 214.  However, based on his Iraq service and campaign participation, he is eligible for the ICM with 1 bronze service star, which was not included in item 13 of his DD Form 214.  Therefore, it would be appropriate to add this award to his 10 October 2008 DD Form 214.  


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 amending his 10 October 2008 DD Form 214 as follows:

	a.  Item 12f - delete the current entry and replace it with the entry 
"0000  08  08";

	b.  Item 13 - add the Iraq Campaign Medal with 1 campaign star;

	c.  Item 18 - add the entry 'SERVICE IN IRAQ FROM 20080110-20080917"; and 

	d.  providing him a correction to his DD Form 214 that includes these changes. 




      _______ _   ____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)                                         AR20090004754



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ABCMR Record of Proceedings (cont)                                         AR20090004754



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