BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090011346 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his foreign service in Iraq.

2.  The applicant states, in effect, that he served in Iraq, in support of Operation Iraqi Freedom (OIF), from November 2005 to November 2006.  He indicates he cannot obtain Iraq veterans' status or receive like benefits until his service in Iraq is documented on his DD Form 214. 

3.  The applicant provides the following documents in support of his application:  Memorandum for Record (MFR), dated 19 December 2006; Deployment Orders, dated 15 September 2005 with Amendment Orders, dated 5 October 2005; Driver's Badge Award Orders, dated 27 September 2006; Discharge Orders, dated 19 March 2008; and DD Form 214, dated 21 March 2008.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and entered active duty on 8 February 2005, and that he was trained in, awarded, and served in military occupational specialty (MOS) 15P (Aviation Operations Specialist).


2.  On 15 September 2005, Headquarters, 24th Infantry Division and Fort Riley, Fort Riley, Kansas, Permanent Orders 259-01, directed the applicant's unit 
(82nd Medical Company (Air Ambulance)) to deploy in support of OIF on
6 November 2005.  Headquarters, 24th Infantry Division and Fort Riley Permanent Orders 278-200, dated 5 October 2005, amended Permanent Orders 259-01 to correct the standard name line.  The amended orders also contained a list (manifest) of the Soldiers, which included the applicant, who were scheduled to deploy.  

3.  On 19 December 2006, the applicant's commander issued an MFR that identified Soldiers of the unit who were deployed to Iraq in support of OIF from 11 November 2005 to 1 November 2006.  The applicant's name was included in the list of Soldiers contained on this MFR.  

4.  On 21 March 2008, the applicant was discharged, in the rank of private/E-2, and received a general, under honorable conditions discharge.  The DD Form 214 he was issued confirms he completed 2 years, 9 months, and 9 days of creditable active military service.  Item 12f (Foreign Service) contains the entry "0000 00 00" and item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon during his active duty tenure.  Item 18 (Remarks) does not include an entry regarding the applicant's deployed service in Iraq.

5.  The applicant provides Garrison Headquarters, 226th Area Support Group Permanent Orders 270-008, dated 27 September 2006, which awarded him the Driver's Badge.  

6.  A review of the applicant's Defense Finance Accounting Service (DFAS) pay record confirms the applicant received imminent danger pay/hostile fire pay (IDP/HFP) for serving in a combat zone during the period 11 November 2005 to 31 October 2006.

7.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for item 12f state to enter all foreign service completed during the period covered by the DD Form 214.  The instructions for item 13 state to enter all awards earned during military service, and the instructions for item 18 specify, in pertinent part, that for active duty Soldiers deployed with their units, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-17 contains guidance on the ICM.  It states, in pertinent part, that it is authorized for service in Iraq from 19 March 2003, to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's tenure of assignment, participation credit was granted for the Iraq Governance (29 Jun 2004 - 15 Dec 2005) and National Resolution 
(16 Dec 2005 – Date to be determined) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to properly document his service in Iraq was carefully considered and found to have merit.  By regulation, item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214, and item 18 will include entries documenting deployed service.  In this case, the evidence of record confirms the applicant served 11 months and 21 days in Iraq from 11 November 2005 to 1 November 2006, as evidenced by his commander's MFR and the DFAS record.  As a result, it would be appropriate to correct item 12f and item 18 of his DD Form 214 accordingly.  

2.  The evidence of record also confirms that based on the applicant's Iraqi service and campaign participation, he is eligible for the ICM with 2 bronze service stars.  In addition, he was awarded the Driver's Badge in official orders and this award is not currently reflected on his DD Form 214.  As a result, it also would be appropriate to add these awards to his record and DD Form 214 at this time. 

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 the applicant's DD Form 214 as follows: 

	a.  Item 12f - delete the current entry and replace it with the entry
"0000 11 21";

   b.  Item 13 - add the Iraq Campaign Medal with 2 bronze service stars and the Driver's Badge (Wheeled);

	c.  Item 18 - add the entry “SERVICE IN IRAQ FROM 20051111-20061101"; and 

	d.  provide him with 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)                                         AR20090011346



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ABCMR Record of Proceedings (cont)                                         AR20090011346


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