IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090016394 


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 the awards and decorations to which he is entitled.

2.  The applicant states he wants a DD Form 215 (Correction to DD Form 214) which shows all awards and decorations to which he is entitled.

3.  The applicant provides no documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 February 2006.  He completed basic combat training and advanced individual training.  Upon completion of training, he was awarded military occupational specialty 11B (Infantryman).  On 30 January 2009, the applicant was discharged under honorable conditions in accordance with the provisions of paragraph 
14-12c (misconduct - serious offense) of Army Regulation 635-200 (Personnel Separations).  At the time of his discharge, the applicant was credited with a total of 2 years, 10 months, and 2 days of active duty service.

2.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas 0 years, 0 months, and 0 days.  Item 18 (Remarks) of this form does not show the applicant served overseas during his period of active duty.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded or authorized the Army Commendation Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

4.  Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 309-067, dated 5 November 2007, awarded the applicant the Combat Infantryman Badge for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom on 23 September 2007.

5.  Headquarters, 2d Brigade Combat Team, 101st Airborne Division (Air Assault), Camp Liberty Iraq, Permanent Orders Number 006-024, dated 6 January 2008, awarded the applicant the Army Commendation Medal for exemplary service during Operation Iraqi Freedom for the period 12 May 2007 to 25 July 2008.

6.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to a hostile fire area during the period 13 May 2007 through 9 July 2008.

7.  Army Regulation 600-8-22 (Military Awards) provides that award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 nonconsecutive days or meet one of the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; and

	c.  participate as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations (each day of operations counts as 1 day of eligibility).

8.  Department of the Army Military Personnel Message 10-078, dated 17 March 2010, provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq he completed a qualifying period of service during two campaigns:  National Resolution (16 December 2005 through 9 January 2007) and Iraqi Surge (10 January 2007 through 31 December 2008).

9.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

10.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states, "Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a temporary change of station/temporary duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Iraq is considered an isolated area where a tour length has not been established by DOD; therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in a permanent change of station status.  To determine the overseas tour lengths refer to table 1, appendix Q, Joint Federal Travel Regulation, volume 1.  You will not find a tour length for Iraq."

11.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all period of service should be entered in item 13 of the form;

	b.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; and

	c.  for item 18, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show the awards and decorations to which he is entitled was carefully considered and determined to have merit.

2.  Permanent orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Combat Infantryman Badge.

3.  The applicant received a service award for exemplary service in support of Operation Iraqi Freedom while serving in Iraq during the period May 2007 through July 2008.  Additionally, a query of the applicant's MMPA maintained by DFAS revealed that he received pay and tax exclusion entitlements associated with deployment to a hostile fire area during the period of 13 May 2007 through 9 July 2008.  Therefore, it may be deduced that the applicant served in the country of Iraq during the period 13 May 2007 through 9 July 2008, for a total of 1 year, 1 month, and 27 days and item 12f of his DD Form 214 should be amended accordingly.

4.  The evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns. 
Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with two bronze service stars.

5.  The evidence shows the applicant served in Iraq for a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, the applicant is entitled to correction of his record to show this service ribbon.

6.  The evidence shows the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

7.  The applicant is entitled to correction of his DD Form 214 to show his deployment to Iraq during the period 13 May 2007 through 9 July 200.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in item 12f and adding the entry "0001  01  27";

	b.  adding to item 13 of the applicant's DD Form 214 the Combat Infantryman Badge, the Iraq Campaign Medal with two bronze service stars, the National Defense Service Medal, and the Overseas Service Ribbon;

	c.  adding to item 18 of the applicant's DD Form 214 the entry, "SERVICE IN IRAQ FROM 20070513-20080709"; and

	d.  providing the applicant a correction to his DD Form 214 to show 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)                                         AR20090016394



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ABCMR Record of Proceedings (cont)                                         AR20090016394



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