IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090009657 


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, correction to Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his two deployments and his award of the Combat Infantryman Badge and the Army Commendation Medal (3rd Award).

2.  The applicant states, in effect, that his DD Form 214 does not show his deployments and his award of the Combat Infantryman Badge and the Army Commendation Medal (3rd Award).  He received the Army Commendation Medals for both deployments and his Combat Infantryman Badge orders from his first deployment.

3.  In support of his application, the applicant provides copies of his orders for the Combat Infantryman Badge, his three Army Commendation Medal certificates, his Combat Lifesaver Course and Warrior Leader Course completion certificates, and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Army Delayed Entry Program on 3 March 2003.  He enlisted in the Regular Army in pay grade E-1 on 13 May 2003.  

2.  The applicant submits a copy of Permanent Orders Number 349-2, dated 15 December 2003, awarding him the Combat Infantryman Badge, for participating in combat operations to liberate Iraq in support of Iraqi Freedom, on 5 December 2003. 

3.  The applicant also submits a copy of a certificate, as a result of Permanent Orders 244-160, dated 31 August 2004, for award of the Army Commendation Medal for exceptionally meritorious service in support of Operation Iron Sabre, from 15 April to 15 July 2004; a copy of a certificate, as a result of Permanent Orders 352-066, dated 18 December 2006, for award of the Army Commendation Medal for exceptionally meritorious service in support of Operation Iraqi Freedom during combat operations in Iraq, from 15 January 2006 to 18 February 2007; and a copy of a certificate, as a result of Permanent Orders 127-057, dated 7 April 2007, for award of the Army Commendation Medal for exceptionally meritorious service, from 25 September 2003 to 29 May 2007.  

4.  The applicant further submits copies of his 2005 Combat Lifesaver Course and Warrior Leader Course completion certificates.

5.  The applicant’s service personnel record is devoid of any orders or documentation showing the specific duration of his deployments to Iraq and Kuwait.

6.  The applicant was honorably released from active duty in pay grade E-5 on 29 May 2007 and transferred to the United States Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 that shows in Item 12f (Foreign Service) credit for 3 years, 8 months, and 5 days of foreign service.  

7.  Entries on the applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.  The Combat Infantryman Badge and the Army Commendation Medal (3rd Award) are not listed.

8.  Item 18 of the applicant's DD Form 214 does not contain an entry for any country and dates of deployment.

9.  On 6 June 2009, a staff member of the Defense Finance and Accounting Service verified that the applicant was deployed to Iraq from 1 October 2003 to 31 July 2004, a period of 10 months; and in Kuwait from 1 January 2006 to 28 February 2007, a period of 1 year and 2 months, for a total of 2 years of foreign service.

10.  In electronic mail correspondence, dated 2 November 2009, the applicant stated, in effect, that he and no one in his unit received deployment orders and as a result, would his time in Iraq go unnoticed because he did not get a piece of paper?  In electronic mail correspondence, dated 4 November 2009, the applicant further stated, in effect, that he served for 10 months on his first deployment and for 13 months on his second deployment and if the period for which he received combat pay equals that then he would like that amount of time shown on his DD Form 214.

11.  Army Regulation 635-5 (Separation Documents) specifies that a DD Form 214 would be prepared for individuals who were retired, discharged, or released from active duty.  The total amount of foreign service completed, for the period covered by the DD Form 214, would be entered in Item 12f.  For an active duty Solider deployed with his or her unit during their continuous period of active service the following statement would be entered in Item 18, “Service In (Name of Country Deployed) From (Inclusive dates for example, YYYYMMDD-YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his two deployments are not shown on his DD Form 214 is acknowledged.  Information received from DFAS shows he received hostile fire pay from 1 October 2003 to 31 July 2004 while serving in Iraq and from 1 January 2006 to 28 February 2007 while serving in Kuwait/Iraq.  Documentation submitted by the applicant shows he was awarded two awards during his service in Iraq from 2003 to 2004 and one award during his service in Kuwait from 2006 to 2007.  Therefore, based on his receipt of combat pay the entry “Service in Iraq from 20031001-20040731 and in Kuwait from 20060101-20070228” should be added to Item 18 of his DD Form 214.

2.  The applicant also contends that his DD Form 214 should be corrected to show his award of the Combat Infantryman Badge.  The evidence submitted by the applicant confirms he was awarded the Combat Infantryman Badge on 15 December 2003 for participating in combat operations on 5 December 2003 to liberate Iraq; however, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

3.  The evidence of record confirms the applicant was awarded the Army Commendation Medal, for exceptionally meritorious service, from 15 April to 15 July 2004, from 15 January 2006 to 18 February 2007, and from 25 September 2003 to 29 May 2007.  Therefore, he is entitled to have these awards shown on his DD Form 214.
4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  adding to Item 18 of the applicant’s DD Form 214 the entry “Service in Iraq from 20031001-20040731 and in Kuwait/Iraq from 20060101-20070228”;
   
   b.  amending his DD Form 214 to add the Combat Infantryman Badge and the Army Commendation Medal (3rd Award); and
   
   c.  providing him a corrected separation document that includes these awards and correction.




      _______ _   _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)                                         AR20090009657





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009657



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1