IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090012250
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 records to show his foreign service and all awards he is entitled to as a result of this service.
2. The applicant states, in effect, he was processed out of the military for misconduct and he did not receive the awards that he is authorized for his service to his country while fighting in Iraq. He adds that he was in Iraq from
31 March until he required surgery for a hernia in July 2007.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 January 2006 and upon completion of initial entry training he was awarded military occupational specialty 92R (Parachute Rigger). On 3 March 2008, he was discharged from active duty for misconduct (serious offense) and his service was characterized as under honorable conditions (general). He completed 1 year, 10 months, and 14 days of active duty service.
2. Block 12f (Foreign Service) of the applicant's DD Form 214 does not show any service.
3. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Parachute Rigger Badge, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Parachutist Badge as authorized awards.
4. Block 18 (Remarks) of the applicant's DD Form 214 does not show he served in Iraq.
5. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay for service in Kuwait for the period 1 March 2007 to 30 June 2007.
6. The applicant states on his application that he served in Iraq from 31 March until July 2007. In a telephone conversation with the applicant on 2 December 2009, the applicant stated he served in Iraq until 17 June 2007.
7. 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, in pertinent part, provides that:
a. for block 12f the total amount of foreign service completed during the continuous period of active service will be entered; and
b. for block 18 enter the continuous period of active service for which a Soldier was deployed "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)..
8. Army Regulation 600-8-22 (Military Awards) states that Soldiers authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.
9. Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal. It states, in pertinent part, that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase. Approved designated Iraq Campaign Medal campaign phases and inclusive periods are listed below: Liberation of Iraq/19 Mar 2003 - 1 May 2003; Transition of Iraq/2 May 2003 - 28 Jun 2004; Iraq Governance/29 Jun 2004 - 15 Dec 2005; National Resolution/16 Dec 2005 Date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show his foreign service and all awards he is entitled to as a result of this service has been carefully reviewed and found to have merit.
2. The available DFAS information combined with the applicant's statement is accepted as sufficient evidence on which to amend block 12f of his DD Form 214 to show his foreign service and to amend block 18 of his DD Form 214 to show the dates of service in Kuwait/Iraq.
3. Based on the applicant's service in Iraq, he is entitled to the Iraq Campaign Medal. Additionally, he participated in one campaign while in Iraq; therefore, he is entitled to the Iraq Campaign Medal with one bronze service star. This award should also be added to the applicant's 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:
a. amending block 12f of his DD Form 214 to show he served 2 months and 17 days of foreign service; and
b. amending block 18 of his DD Form 214 to add the entry, "SERVICE IN KUWAIT/IRAQ FROM 20070331 20070617"; and
c. adding the Iraq Campaign Medal with one bronze service star to his DD Form 214.
_______ _ _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) AR20090012250
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