IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090015309 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq and all awards he earned as a result of this service.  He also requests correction of his DA Form 638 (Recommendation for Award) to show the fourth letter of his last name as "o" instead of "e."

2.  The applicant states he served in Iraq from 6 April 2003 to 2 December 2003. When he was out processing, he did not know what to look for on his DD Form 214.  He is now serving as a security contractor in Iraq and Afghanistan and needs his DD Form 214 to show his combat time which would improve his chances of advancement.

3.  The applicant provides a copy of Orders 029-011 and 140-022, issued by Headquarters, 4th Infantry Division, Fort Hood, TX, on 29 January and 20 May 2003, respectively; a copy of a memorandum, subject:  Individual Redeployment Authorization, dated 3 November 2003; a copy of Permanent Orders 154-29, issued by Headquarters and Headquarters Company, 4th Infantry Division, Fort Hood, undated; a copy of his undated DA Form 638, showing award of the Army Commendation Medal; a copy of a certificate, dated 3 July 2001, showing award of the Army Achievement Medal; and a copy of his DD Form 214, dated 4 June 2004, in support of his request.

4.  On 11 March 2010, he requested correction of his DD Form 215 (Correction to DD Form 214) to show the correct spelling of his last name and correct period of foreign service.
CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army (RA) on 5 June 2000.  Item 1 (Name - Last, First, Middle) of his DD Form 4 (Enlistment/
Reenlistment Document) shows his last name as "T--o---."  He authenticated this form by placing his signature in the appropriate block.

2.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13M (Multiple Launch Rocket System (MLRS) Crewmember).  He was honorably released from active duty on 4 June 2004 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

3.  His DD Form 214 shows he completed 4 years of creditable active service and listed his last name as "T--o---."  He authenticated this form by placing his signature in the appropriate block.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) shows the entry "0000 (Years)  00 (Months)  
00 (Days).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Lapel Button, National Defense Service Medal, and the Army Service Ribbon.

	c.  Item 18 (Remarks) does not show any entry for deployment in a hostile fire/imminent danger pay (HF/IDP) area.

4.  On 8 December 2005, he was issued a DD Form 215.  This form lists his last name as "T-r-o---" and added or corrected the following entries:

	a.  Corrected his foreign service to show the entry "0000  08  23;

	b.  Listed awards of the Army Good Conduct Medal, Army Achievement Medal, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal; and

	c.  Added the entry "Under the National Defense Authorization Act and the Emergency Supplemental Appropriation Act for Fiscal Year 2004, he is entitled to 180 days of TRICARE coverage."

5.  An email, dated 5 January 2010, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received HF/IDP from 7 April 2003 to 30 November 2003 for his service in Kuwait/Iraq.
6.  He submitted the following documentation:

	a.  A copy of Orders 029-011 and 140-022, dated 29 January and 20 May 2003, showing he was a member of a unit that was ordered on a temporary change of station on or about 5 April 2003.

	b.  A copy of a memorandum, dated 3 November 2003, showing he was authorized to depart the theater of operations no later than 28 December 2003.

	c.  A copy of an undated DA Form 638, showing he was recommended for award of the Army Commendation Medal for service from 1 April 2003 to 25 November 2003 in support of Operation Iraqi Freedom (OIF).  The approval authority approved it on an unknown date and the servicing G-1 assigned Permanent Order Number 020-28 on 19 February 2004.  Additionally, the fourth letter of his last name is misspelled on this DA Form 638.  It is shown as "T--e---."

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show his service in Iraq, his foreign service, and all his awards and decorations.  He also contends his DD Form 215 and DA Form 638 should be corrected to show his correct last name.

2.  He states he served in Iraq from 6 April 2003 to 2 December 2003.  Additionally, he was awarded an Army Commendation Medal for service in support of OIF from 1 April 2003 to 25 November 2003.  His pay records show he received HF/IDP for service in Kuwait/Iraq from 7 April 2003 to 30 November 2003.  The period of service he claims appears to be consistent with his award and pay records.  Therefore, there is sufficient evidence to correct his records to show he completed a period of 7 months and 27 days of foreign service in Kuwait/Iraq from 6 April 2003 to 2 December 2003.
3.  Permanent orders awarded him the Army Commendation Medal for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  With respect to his DD Form 215:

	a.  The Board originally did not have the exact dates of his service in Iraq and credited him with 8 months and 23 days.  This is incorrect.  He should have been credited with 7 months and 27 days.

	b.  His last name on the DD Form 215 erroneously added the letter "r" as the third letter of his last name.

	c.  This DD Form 215 should be voided.

5.  With respect to correcting the fourth letter of his last name on his DA Form 638, unless the award is downgraded, upgraded, or disapproved, there is no requirement to file this form on a Soldier's official military personnel file (OMPF).  Since his award was approved, there is no requirement to file it on his OMPF.  The misspelling of his last name is a harmless error that does not affect his entitlement to this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  voiding the DD Form 215, dated 8 December 2005; and

	b.  issuing him a new DD Form 215 as follows:

		(1)  deleting from item 12f the entry "0000  00  00" and replacing it with the entry "0000  07  27";

		(2)  adding to item 13 the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal; and

		(3)  adding to item 18 the entries "Service in Kuwait/Iraq from 20030406 - 20031203" and "Under the National Defense Authorization Act and the Emergency Supplemental Appropriation Act for Fiscal Year 2004, he is entitled to 180 days of TRICARE coverage."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his last name on the DA Form 638 awarding him the Army Commendation Medal.



      __________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)                                         AR20090015309



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ABCMR Record of Proceedings (cont)                                         AR20090015309



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