IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100020851
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Iraq and the awards and decorations he is due based on this service.
2. The applicant states he served in Iraq from January to May 2009; however, his DD Form 214 does not reflect this service nor the awards he received based on this service.
3. The applicant provides the following documents in support of his application:
* DD Form 214
* Defense Finance and Accounting Service (DFAS) Form 702 (Military Leave and Earnings Statement (LES))
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army on 13 February 2008, and he was trained in and awarded military occupational specialty (MOS) 21B (Combat Engineer).
2. His official military personnel file (OMPF) contains temporary duty (TDY) orders issued by Landstuhl Regional Medical Center, Germany, dated 11 April 2009. These orders show the applicant was medically evacuated to Fort Hood, TX for further medical treatment.
3. The applicant's OMPF also contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) that indicates he served in Iraq from on or about December 2008 through on or about April 2009, and he participated in 20 missions.
4. The DFAS pay record confirms the applicant received imminent danger pay/hostile fire pay (IDP/HFP) for Kuwait from 1 May 2009 through 27 February 2010.
5. On 27 February 2010, the applicant was honorably retired, in the rank of specialist/E-4, by reason of disability, temporary after completing 2 years and 15 days of active military service. The DD Form 214 he was issued documents no overseas service in item 12f (Foreign Service). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal and Army Service Ribbon. Item 18 (Remarks) does not include an entry showing deployed service.
6. The applicant provides an LES for the pay period 1-31 January 2010, which shows he received IDP/HFP for this period.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for the DD Form 214. The instructions for item 12f states to enter all overseas service completed during the period. The instructions for item 13 state to enter all awards earned during military service, and the instructions for item 18 state to include the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for active duty Soldiers deployed with their unit during the period covered by the DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-17 contains guidance on the Iraq Campaign Medal. It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq performed 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. it further states a bronze service star is authorized for each campaign a member is credited with participating while serving in Iraq. During the applicant's tenure of assignment, participation credit was granted for the Iraqi Sovereignty campaign (1 January 2009 to a date To Be Determined).
9. Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM). It states it is authorized to members who participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) from on or about 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to document his service in Iraq and all of the awards he is eligible based on this service has been carefully considered and found to have merit.
2. Although the specific dates vary based on documents in the applicant's OMPF and those he provided (DA Form 199, TDY Orders, LES, DFAS Records), in the interest of equity, it is reasonable to credit him with service in Iraq from on or about 1 January through 10 April 2009, the day prior to his medical evacuation to the United States. Therefore, it would be appropriate to correct item 12f and
item 18 of his DD Form 214 to show this deployed service.
3. Further, based on his qualifying active duty service in support of the global war on terrorism and his service in Iraq, he is also eligible for the GWOTSM and ICM with one bronze service star. Therefore, it would also be appropriate to correct item 13 of his DD Form 214 by adding these awards.
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 amending his DD Form 214 as follows:
a. item 12f delete the current entry and add "0000 03 10,"
b. item 13 add the Global War on Terrorism Service Medal and Iraq Campaign Medal with one bronze service star, and
c. item 18 add the entry "SERVICE IN IRAQ FROM 20090101-20090410."
__________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) AR20100020851
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