IN THE CASE OF:
BOARD DATE: 01 June 2010
DOCKET NUMBER: AR20090014303
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he served two tours in Iraq and one tour in Korea for a total of 3 years of foreign service.
2. The applicant states that his DD Form 214 incorrectly reflects that he served in Iran instead of Iraq, it omits one of his tours of duty in Iraq, and it does not reflect that he served 3 years of foreign service.
3. The applicant provides a copy of his DD Form 214, a copy of his deployment orders, and a certification of deployment dates.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 January 2001 for a period of 6 years and training as an attack helicopter repairman. He completed his training and was transferred to Korea where he served a 1 year tour before being transferred to Fort Hood, Texas in August 2002.
2. He deployed to Iraq from 29 March 2003 to 28 March 2004 and from 11 November 2005 to 30 October 2006.
3. On 19 February 2007, he was honorably released from active duty (REFRAD) in the pay grade of E-5. He had served 6 years, 1 month, and 1 day of total active service and his DD Form 214 issued at the time of his REFRAD reflects in block 12f (Foreign Service) that he had 2 years of foreign service and in block 18 (Remarks) that he served in Iran from 29 March 2003 to 28 March 2004.
4. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal. This message specified criteria for the award of the Korea Defense Service Medal (KDSM) as follows: a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should reflect his two tours in Iraq has been noted and found to have merit. The applicants DD Form 214 incorrectly reflects that he served in Iran from 29 March 2003 to 28 March 2004 when in fact it should reflect that he served in Iraq from 29 March 2003 to 28 March 2004 and from 11 November 2005 to 30 October 2006.
2. His DD Form 214 also reflects in block 12f that he served two years of foreign service when in fact he served 2 years, 11 months and 20 days.
3. Additionally, it is noted that the applicant is qualified for award of the KDSM for his 1 year tour in Korea.
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 his DD Form 214 to:
* Show his service in Iraq from 29 March 2003 to 28 March 2004 and from 11 November 2005 to 30 October 2006
* Delete the entry pertaining to service in Iran from 29 March 2003 to 28 March 2004
* Show he served 2 years, 11 months and 20 days of foreign service as opposed to 2 years that is currently reflected and
* Adding the KDSM
_______ _ 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) AR20090014303
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