IN THE CASE OF:	

		BOARD DATE:	       10 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090005867 


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 the awards and decorations to which he is entitled, his foreign service, and his correct military occupational specialty (MOS).

2.  The applicant states that he earned a Purple Heart for injuries he sustained during the year he served in Iraq.  The applicant further states that his MOS was 11B (Infantryman).  The applicant continues that he recently noticed the errors when working with his service officer.

3.  The applicant provides no documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delayed Entry Program on 12 February 2003 and enlisted in the Regular Army on 20 February 2003.  He completed basic combat training and advanced individual training.  At the time of his separation, the applicant held the rank of private first class/pay grade E-3.  On 31 May 2006, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) with an honorable characterization of service.

2.  Headquarters, 42nd Infantry Division (Mechanized), Forward Operating Base Danger, Tikrit, Iraq, Permanent Orders 121-07, dated 1 May 2005, awarded the applicant the Combat Infantryman Badge for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom during the period 15 February 2005 through 4 April 2005.

3.  Headquarters, 42nd Infantry Division (Mechanized), Forward Operating Base Danger, Tikrit, Iraq, Permanent Orders 191-04, dated 10 July 2005, awarded the applicant the Purple Heart for wounds received as a result of enemy or hostile action on 19 May 2005.

4.  A DA Form 638 (Recommendation for Award) initiated on 28 June 2005 shows Headquarters, 3rd Brigade, 3rd Infantry Division, Fort Benning, Georgia, Permanent Orders 229-003, dated 17 August 2005, awarded the applicant the Army Commendation Medal for exceptionally meritorious service during combat operations in support of Operation Iraqi Freedom III while serving as a squad automatic rifleman in 1st Platoon, Company A, 1st Battalion, 15th Infantry Regiment, during the period 15 January 2005 through 31 December 2005.

5.  The Army Human Resources Command Interactive Web Services database shows the applicant's primary MOS as 11B.  Additionally, a thorough review of documents contained in the applicant's official military personnel file revealed that his MOS consistently appears as 11B.

6.  Item 11 (Primary Specialty) of the applicant's DD Form 214 indicates that his primary MOS was 11C (Indirect Fire Infantryman).

7.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas 0 years, 0 months, and 0 days.  Item 18 (Remarks) of this form does not show the applicant served overseas during his period of active duty.

8.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to a hostile fire area during the period 1 January 2005 through 31 January 2006.

9.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded or authorized the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

10.  Army Regulation 600-8-22 (Military Awards) provides 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; and

	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 1 day of eligibility].  This campaign medal may be awarded posthumously.

11.  Department of the Army Military Personnel Message 08-123 issued on 30 April 2008 provided guidance on the criteria, applicability, and standards for 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 two campaigns:  Iraqi Governance (29 June 2004 through 15 December 2005) and National Resolution (16 December 2005 through a date to be determined).

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  Specifically, it states that:

	a.  for item 12f, the total amount of foreign service completed during their continuous period of active service will be entered; and

	b.  for item 18, 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show the awards and decorations to which he is entitled, his foreign service, and his correct MOS were carefully considered and determined to have merit.

2.  Permanent orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Combat Infantryman Badge.

3.  Permanent orders awarded the applicant the Purple Heart.  Therefore, he is entitled to correction of his records to show the Purple Heart.

4.  Permanent orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his records to show the Army Commendation Medal.

5.  The applicant received a service award for exceptionally meritorious service during combat operations in support of Operation Iraqi Freedom III while serving as a squad automatic rifleman in 1st Platoon, Company A, 1st Battalion, 15th Infantry Regiment, during the period 15 January 2005 through 31 December 2005.  Additionally, a query of the applicant's MMPA maintained by DFAS revealed that he received pay and tax exclusion entitlements associated with deployment to a hostile fire area during the period of 1 January 2005 through 31 January 2006.  Therefore, it may be deduced that the applicant served in the country of Iraq during the period of 15 January 2005 through 31 December 2005, for a total of 11 months and 16 days.

6.  Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns.  Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with two bronze service stars.

7.  Army Regulation 635-5 prescribes that item 12f will show the total amount of foreign service completed during the period covered in item 12c.  This regulation further prescribes that the remarks section of a DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service will include the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  Therefore, the applicant is entitled to correction of his DD Form 214 to show his deployment to Iraq during the period 15 January 2005 through 31 December 2005 for a total of 11 months and 16 days of foreign service.

8.  The preponderance of the evidence of record shows that the applicant's MOS was 11B, not 11C.  Therefore, his DD Form 214 should be corrected to reflect this fact.

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 the applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in item 11 and adding the entry "11B1O Infantryman – 3 YRS 2 MOS//NOTHING FOLLOWS";

	b.  deleting the current entry in item 12f and adding the entry "0000  11  16";

	c.  adding to item 13 of the applicant's DD Form 214 the Combat Infantryman Badge, the Purple Heart, the Army Commendation Medal, and the Iraq Campaign Medal with two bronze service stars;

	d.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20050115-20051231"; and

	e.  providing the applicant a correction to his DD Form 214 to show these changes.



      __________XXX_______________
       	     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)                                         AR20090005867



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ABCMR Record of Proceedings (cont)                                         AR20090005867



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