IN THE CASE OF:	  

		BOARD DATE:	 5 May 2011 

		DOCKET NUMBER:  AR20100020216 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards.

2.  The applicant states he would like a DD Form 215 (Correction to DD Form 214) to document all awards he is entitled to in accordance with his military record.

3.  The applicant provides an Army Commendation Medal Certificate showing Permanent Orders 004-033 issued on 4 January 2008 by Headquarters, 1st Brigade Combat Team, 1st Calvary Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 November 2006.  He completed initial entry training and was awarded military occupational specialty 52D (Power Generator Equipment Repairer).

2.  He was awarded the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom 06-08 from 1 October 2007 to 17 January 2008 at Camp Taji, Iraq, by Permanent Orders 004-033, dated 4 January 2008.

3.  On 5 January 2009, he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct (drug abuse).  He was issued a DD Form 214 that shows he completed 2 years, 1 month, and 28 days of active Federal service with no lost time.  Further, his characterization of service is shown as under honorable conditions (general discharge).

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he received the National Defense Service Medal and Army Service Ribbon.

5.  His DD Form 214 is devoid of evidence showing he served a foreign tour of duty in Iraq.  Item 18 (Remarks) of his DD Form 214 does not contain an entry to show his period(s) or location(s) of deployment.

6.  The Defense Finance and Accounting System (DFAS) maintains financial records of all pay and allowances paid to Soldiers during their periods of service.  The DFAS database shows the applicant received hostile fire pay in an imminent danger pay zone from 25 September 2007 to 19 January 2008 for duty in Kuwait.

7.  Additionally, the applicant has requested an upgrade to his discharge which is presently being addressed by the Army Discharge Review Board.  As such, this portion of his request will not be addressed by this Board and will no longer be discussed in this Record of Proceedings.

8.  References:

	a.  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.

	b.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

	c.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, 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 OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

   * 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)
* Iraqi Sovereignty (1 January 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Based on his documented deployment and service in Kuwait/Iraq from 25 September 2007 to 19 January 2008, he is entitled to have his record corrected to show this service.  In addition, he is entitled to award of the ICM.  Records show he participated in one campaign while serving in Iraq.  Therefore, he is entitled to have his DD Form 214 corrected to show the Iraq Campaign Medal with one bronze service star.

3.  Based on his active duty service outside of the areas of eligibility for award of the ICM, he is entitled to have his DD Form 214 corrected to show the GWOTSM.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  adding the following awards to item 13 of his DD Form 214:
* ARCOM
* ICM with one bronze service star
* GWOTSM

	b.  adding the entry, "00 years, 03 months, 26 days" to item 12f (Foreign Service) of his DD Form 214; and

	c.  adding the entry, "SERVICE IN KUWAIT/IRAQ FROM 20070925-20080119" to item 18 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)                                         AR20100020216



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ABCMR Record of Proceedings (cont)                                         AR20100020216



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