IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009745
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 he served in Iraq from January 2006 to February 2007.
2. The applicant states that blocks 12f (Foreign Service) and 18 (Remarks) of his DD Form 214 do not list his deployment in Iraq.
3. The applicant provides a copy of his DD Form 214 and a copy of his brigade deployment orders, dated 10 January 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army (RA) for a period of 3 years on 13 April 2004 and he held military occupational specialty (MOS) 19K (M-1 Armor Crewman).
2. Subsequent to completion of MOS training, he was reassigned to Germany on or about 2 December 2004. He was assigned to A Company, 1st Battalion, 37th Armor, 1st Brigade, 1st Armored Division. His Enlisted Record Brief indicates he remained in Germany until his release from active duty.
3. He was honorably released from active duty on 12 July 2007 by reason of completion of required active service and he was transferred to the U.S. Army
Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
4. The DD Form 214 he was issued shows he completed 3 years of creditable active service. Additionally, this form shows the following entries:
* block 12f shows he completed 2 years, 7 months, and 11 days of foreign service
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, and the Combat Action Badge
* block 18 does not show service in any hostile fire/imminent danger pay (HF/IDP) area
5. An email, dated 21 July 2010, from the Defense Finance and Accounting Service (DFAS) confirms the applicant received HF/IDP and Combat Zone Tax Exclusion for service in Kuwait from 12 January 2006 through 10 February 2007.
6. He submitted a copy of Orders Number 06-006, issued by Headquarters,
1st Armored Division, dated 10 January 2006, ordering the 1st Brigade Combat Team Main Body to deploy to the U.S. Central Command area in support of the Global War on Terrorism for 365 days, with a will proceed date of on or about
1 January 2006.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for:
* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* 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 block 18
8. A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Army Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, for the following awards:
a. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
b. The Iraq Campaign Medal 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 OIF. Army Human Resources Command Military Personnel (MILPER) Message Number 10-078, issued on 16 March 2010, provides the guidance and criteria, applicability and standards on awarding and wear of campaign (service) stars on the Iraq Campaign Medal. It states, in pertinent part, that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase. During his period of service in Iraq, the applicant participated in the following two campaigns:
* National Resolution/16 Dec 2005 - 9 Jan 2007
* Iraqi Surge/10 Jan 2007 - 31 Dec 2008
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he served in Iraq from January 2006 to February 2007.
2. With respect to his foreign service in block 12f, his exact date of arrival in Germany cannot be determined. However, his Enlisted Record Brief show he served in Germany from on or about 2 December 2004 to 12 July 2007, which is consistent with the period of 2 years, 7 months, and 28 days of foreign service shown on his DD Form 214. Therefore, this entry is correct and requires no correction. His service in Iraq fell within his Germany service.
3. With respect to his service in Iraq, his records show he was awarded the Iraq Campaign Medal and the Combat Action Badge. Additionally, his pay records show he received HF/IDP for service in Kuwait from 12 January 2006 through 10 February 2007. Therefore, there is sufficient evidence to show he served in Kuwait/Iraq and is entitled to correction of his DD Form 214 to show this period of service.
4. He served on active duty on or after 11 September 2001; therefore, he served a qualifying period of service for award of the Global War on Terrorism Service Medal and is entitled to correction of his DD Form 214 to show this award.
5. He was awarded the Iraq Campaign Medal. Additionally, he participated in two authorized campaign phases. Therefore he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal.
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. deleting from block 13 of his DD Form 214 the Iraq Campaign Medal;
b. adding to block 13 of his DD Form 214 the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars; and
c. adding to block 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20060112 - 20070210."
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 adding any additional foreign service time to block 12f 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) AR20100009745
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