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ARMY | BCMR | CY2010 | 20100011558
Original file (20100011558.txt) Auto-classification: Approved

		

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100011558 


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) for the period ending 12 February 2009 to show a second award of the Army Achievement Medal (AAM).  He also requests an entry in item 18 (Remarks) on his DD Form 214 be corrected. 

2.  The applicant states, in effect:

* He received a second award of the AAM on 18 March 2009
* He served in Iraq from 12 July 2007 to 8 October 2008 and his DD Form 214 shows he served in Iraq from 8 July 2007 to 8 October 2007

3.  The applicant provides:

* Deployment orders
* Orders for the AAM (First Oak Leaf Cluster)
* DD Form 214 for the period ending 12 February 2009

CONSIDERATION OF EVIDENCE:

1.  Having prior inactive and active service, the applicant enlisted in the Regular Army on 16 July 2002.  He trained as a motor transport operator.  He served three tours in Iraq.  On 12 February 2009, he was honorably discharged for completion of required active service.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 for the period ending 
12 February 2009 shows, among other awards, the AAM as an authorized award.  Item 18 on this DD Form 214 shows, among other entries, the entry "SERVICE IN IRAQ 20070708 - 20071008."  

3.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay from 10 July 2007 through 
29 September 2008 in Kuwait.

4.  The applicant provided a DA Form 638 (Recommendation for Award), dated 18 March 2009, for award of the AAM (First Oak Leaf Cluster) for the period 
16 July 2002 to 12 January 2009.  Item 8 (Previous Awards) on this form shows the AAM and two awards of the Army Commendation Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Iraq from 12 July 2007 to 8 October 2008.  However, DFAS records show he served in Kuwait/Iraq from 10 July 2007 to 29 September 2008.

2.  The DFAS information which shows the applicant served in Kuwait/Iraq from 
10 July 2007 to 29 September 2008 is accepted as sufficient evidence on which to amend the entry in question in item 18 on his DD Form 214 for the period ending 12 February 2009.  Therefore, the entry "SERVICE IN IRAQ 20070708 - 20071008" in item 18 on this DD Form 214 should be corrected to show he served in Iraq from 10 July 2007 to 29 September 2008.  

3.  The applicant's DD Form 214 for the period ending 12 February 2009 shows one award of the AAM.  However, evidence of record shows he received two awards of the AAM.  Therefore, this DD Form 214 should be corrected to show the AAM (First Oak Leaf Cluster).  

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 the entry "ARMY ACHIEVEMENT MEDAL" in item 13 on his DD Form 214 for the period ending 12 February 2009 and replacing it with the AAM (First Oak Leaf Cluster); and 

	b.  deleting the entry "SERVICE IN IRAQ 20070708 - 20071008" in item 
18 on this DD Form 214 and replacing it with "SERVICE IN IRAQ 20070710 - 20080929."  

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 amending item 18 on his DD Form 214 for the period ending 12 February 2009 to show he served in Iraq from 12 July 2007 to 8 October 2008.  




      _______ _   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)                                         AR20100011558





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ABCMR Record of Proceedings (cont)                                         AR20100011558



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