IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090008555 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the proper date on which she entered active duty.  She also states that she is entitled to two campaign stars to be affixed to her previously awarded Iraq Campaign Medal [correctly known as the Iraq Campaign Medal with two bronze service stars].

2.  The applicant states, in effect, that a typographical error resulted in the date that she enlisted in the Army National Guard being entered on her DD Form 214 as the date that she enlisted in the Regular Army and entered active duty.  The applicant also states that she needs to have these errors corrected in order for her to return to active duty.  She concludes that with today's economy, her family of 10 cannot survive on her husband's income alone anymore.

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

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 Series (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 29 August 2000, shows the applicant enlisted in the Kentucky Army National Guard (KYARNG) on 29 August 2000.

2.  A DA Form 4187 (Personnel Action), initiated 18 November 2003, shows the applicant requested separation from the KYARNG for the purpose of enlisting in the Regular Army.

3.  Department of Military Affairs, Boone National Guard Center, Frankfort, Kentucky, Orders 147-815, dated 26 May 2004, discharged the applicant from the ARNG and as a reserve of the Army with an honorable characterization of service effective 22 March 2004.  

4.  An NGB Form 22 (Departments of the Army and the Air Force, National Guard Bureau - Report of Separation and Record of Service) shows the applicant was discharged from the KYARNG and as a reserve of the Army effective 22 March 2004 for the purpose of immediate reenlistment in any other component of the Armed Forces.

5.  A DD Form 4/1, dated 23 March 2004, shows that the applicant enlisted in the Regular Army on 23 March 2004.

6.  The applicant's Enlisted Record Brief, dated 2 August 2006, shows her initial active duty assignment was effective 23 March 2004.

7.  Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows that she entered active duty on 29 August 2000 and that she was released and transferred to a unit in Kentucky on 15 September 2006.

8.  Item 12c (Net Active Service This Period) of the applicant's DD Form 214 shows she was credited with serving a period of 2 years, 5 months, and 23 days during the period covered by this form.

9.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows she served a period of 1 year, 8 months, and 22 days in an overseas location.

10.  Item 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 Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Iraq Campaign Medal, Army Service Ribbon, and the Overseas Service Ribbon.  This document does not show award of any bronze service stars.

11.  Item 18 (Remarks) of the applicant's DD Form 214 shows she served in Iraq during the period of 16 October 2005 through 10 July 2006.





12.  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, she completed a qualifying period of service during two campaign phases:  Iraqi Governance and National Resolution.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated that the date of enlistment or reenlistment would be entered in item 12a of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that her DD Form 214 should be corrected to show the proper date on which she entered active duty and that she is entitled to two bronze service stars to be affixed to her previously awarded Iraq Campaign Medal were carefully considered and determined to have merit.

2.  The evidence shows the applicant enlisted in the Regular Army and entered active duty on 23 March 2004.

3.  The evidence shows that the applicant was issued a DD Form 214 for the period ending 15 September 2006 on which her date of entry erroneously appears as 29 August 2000.  Item 12c also shows the applicant was given credit for 2 years, 5 months, and 23 days of active duty service.   Contemporaneous policy prescribed inclusion of the separating service member's date of enlistment on the DD Form 214; therefore, the applicant is entitled to have her date of entry correctly shown as 23 March 2004.

4.  Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that she participated during two campaign phases.  Therefore, the applicant is entitled to award of two bronze service stars to be affixed to her previously awarded Iraq Campaign Medal and correction of her DD Form 214 to show award of the Iraq Campaign Medal with two bronze service stars.




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.  deleting the following entries from her DD Form 214 for the period ending 15 September 2006:

		(1)  Item 12a, "2000 08 29"; and

		(2)  Item 13, "Iraq Campaign Medal."

	b.  adding the following entries to the applicant's DD Form 214 for the period ending 15 September 2006:

		(1)  Item 12a, "2004 03 23"; and

		(2)  Item 13, "Iraq Campaign Medal with two bronze service stars."

   c.  providing her a document to show 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)                                         AR20090008555



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ABCMR Record of Proceedings (cont)                                         AR20090008555



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