IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100000339
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, item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment in Iraq.
2. The applicant states he went to Iraq from March 2003 to March 2004.
3. The applicant provides deployment orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 October 2002 and trained as a cavalry scout. On 25 June 2008, he was honorably discharged for physical standards.
2. Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry "0000 00 00." Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, U.S. Army/U.S. Air Force Presidential Unit Citation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon as authorized awards. Item 18 of his DD Form 214 does not show any deployments.
3. The applicant's inclusive dates of service in Iraq are not available.
4. Records at the Defense Finance and Accounting Service show the applicant received hostile fire/imminent danger pay during the period 2 April 2003 to 19 March 2004 in Kuwait (total of 11 months and 18 days).
5. 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. It establishes standardized policy for the preparation of the DD Form 214. The regulation states, 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.
6. Army Regulation 600-8-22 (Military Awards) states individuals authorized the Iraq Campaign Medal (ICM) 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 ICM 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. A bronze service star is authorized for wear on the ICM for the following campaigns: Liberation of Iraq (19 March 2003-1 May 2003), Transition of Iraq (2 May 2003-28 June 2004), Iraqi Governance (29 June 2004-15 December 2005), National Resolution (16 December 2005-9 January 2007), Iraqi Surge (10 January 2007-31 December 2008), and Iraqi Sovereignty (1 January 2009-date to be determined).
DISCUSSION AND CONCLUSIONS:
1. The Defense Finance and Accounting Service information and the applicant's confirmation of his service in Kuwait/Iraq are accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 2 April 2003 to 19 March 2004.
2. As a related issue and based on the applicant's service in Iraq, he is eligible for the ICM and at least one bronze service star. However, since his inclusive dates of service in Iraq are not available, any additional bronze service stars cannot be determined at this time. Therefore, his DD Form 214 should be corrected to show the ICM with one bronze service star. In addition, item 12f of his DD Form 214 should be corrected to show he served 11 months and 18 days of foreign service.
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. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030402-20040319" to item 18 of his DD Form 214;
b. deleting the entry from item 12f of his DD Form 214 and replacing it with "0000 11 18"; and
c. adding the ICM with one bronze service star to item 13 of 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) AR20100000339
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ABCMR Record of Proceedings (cont) AR20100000339
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