IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007293 


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 following:

* deployment dates to Iraq from 4 March 2003 to 1 June 2003 and from 22 July 2005 to 20 July 2006
* award of the Meritorious Service Medal

2.  The applicant states the deployment dates and the missing award were just typographical errors or an oversight.  He states he exhausted all administrative remedies before he was officially discharged from the Army.

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* deployment orders, dated 7 June 2005
* letter of release memorandum for record, dated 28 June 2006
* individual/unit identification section out-processing form
* orders and certificate for the Joint Service Commendation Medal, dated 9 May 2006
* award certificate for the Meritorious Service Medal, dated 21 April 2009
* deployment memorandum for record, dated 20 August 2004
* deployment orders, dated 11 February 2003
* reassignment orders with personnel roster, dated 3 March 2003
* orders and award certificate for the Army Commendation Medal, dated 23 June 2003
CONSIDERATION OF EVIDENCE:

1.  After having prior active and inactive service, the applicant enlisted in the Regular Army on 22 August 1986.  He continued to serve on active duty through a series of reenlistments.

2.  Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders 42-048, dated 11 February 2003, show the applicant was reassigned to Fort Carson, CO, for deployment to the U.S. Central Command in support of Operation Enduring Freedom with a proceed date of on or about 16 February 2003.

3.  Headquarters, 10th Special Forces Group (Airborne), Fort Carson, CO, Order 062-07, dated 3 March 2003, shows the applicant's unit was deployed in support of Operation Enduring Freedom on or about 4 March 2003 not to exceed 179 days unless directed by the Commander, Personnel Command.

4.  The applicant's award certificate, dated 23 June 2003, shows he was awarded the Army Commendation Medal for meritorious achievement during Operation Iraqi Freedom from 4 March 2003 to 1 June 2003 by Permanent Order 174-16, dated 23 June 2003.

5.  Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders 42-048, dated 7 June 2005, show the applicant was reassigned to the Multinational Forces in Iraq in support of Operation Iraqi Freedom with a proceed date of on or about 10 July 2005.

6.  The applicant's Multinational Force-Iraq orders, dated 9 May 2006, show he was awarded the Joint Service Commendation Medal for meritorious service in Iraq from 22 July 2005 to 20 July 2006.

7.  The applicant provided a copy of his letter of release, dated 28 June 2006, which shows he began his out-processing from the Iraqi theater of operations with his replacement's arrival date as 10 July 2006.  He completed his out-processing checklist on 12 July 2006.

8.  The applicant was awarded the Meritorious Service Medal for meritorious service from 30 June 1999 to 1 July 2009 by Permanent Order Number 111-05, dated 21 April 2009.



9.  Upon completion of sufficient service, the applicant retired on 31 July 2009.

10.  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 24 June 2005 to 24 July 2005.

11.  His DD Form 214 does not show entitlement to the Meritorious Service Medal.

12.  Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received imminent danger pay (IDP)/hostile fire pay (HFP) and combat zone tax exclusion (CZTE) during the following periods:

* 20 March 2003-31 March 2003 for Bosnia-Herzegovina
* 24 July 2005-17 July 2006 for Kuwait

13.  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.  It 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the deployment dates and the missing award were just typographical errors or an oversight.  There is sufficient evidence on which to grant partial relief in this case.

2.  The applicant's orders, dated 3 March 2003, show he deployed in support of Operation Enduring Freedom on or about 4 March 2003 and his award certificate for the Army Commendation Medal show he served in support of Operation Iraqi Freedom from 4 March 2003 to 1 June 2003.

3.  However, his military pay records at DFAS show he received IDP/HFP and CZTE from 20 March 2003 to 31 March 2003 for service in Bosnia-Herzegovina.

4.  The applicant's military pay records combined with his personal statements and deployment orders are accepted as sufficient evidence as a basis to amend his DD Form 214 to show he served in Bosnia-Herzegovina and Iraq from 4 March 2003 to 1 June 2003.

5.  The applicant's DD Form 214 currently reflects he served in Iraq from 24 June 2005 to 24 July 2005, a period of 1 month.

6.  However, the applicant's military pay records show he received IDP/HFP and CZTE from 24 July 2005 to 17 July 2006 in Kuwait and he completed his out-processing checklist from the Iraqi theater of operations on 12 July 2006.  Further, his award certificate for the Joint Service Commendation Medal shows he served in Iraq from 22 July 2005 to 20 July 2006.

7.  The applicant's military pay records combined with his out-processing checklist and award certificate are accepted as sufficient evidence as a basis to amend his DD Form 214 to show he served in Kuwait and Iraq from 24 July 2005 to 20 July 2006.

8.  Orders show the applicant was awarded the Meritorious Service Medal and this award should be added to his 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 the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  adding the Meritorious Service Medal to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized),

	b.  deleting the entry "SERVICE IN IRAQ 20050624-20050724" from item 18, and



	c.  amending item 18 to add the entries "SERVICE IN BOSNIA-HERZEGOVINA/IRAQ FROM 20030304-20030601" and "SERVICE IN KUWAIT/IRAQ FROM 20050724-20060720."



      _____________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)                                         AR20100007293



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)