IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021373 


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) for the period ending 8 June 2009 be corrected to show the Iraq Campaign Medal (ICM) with three campaign stars (correctly known as bronze service stars) instead of the ICM with two bronze service stars.  He also requests items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) be updated.  

2.  The applicant states he qualifies for three bronze service stars. 

3.  The applicant provides:

* Memorandum for record, dated 21 April 2009
* U.S. Army Reserve (USAR) Personnel Command Chronological Statement of Retirement Points
* Retirement points detail statement
* DD Forms 214 for the periods ending 8 June 2009, 13 April 2004, 2 May 2002, 26 September 2000, and 29 June 1997  








CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 13 May 1995 for a period of 8 years.

2.  His DD Form 214 for the period ending 29 June 1997 shows the entry:

* "0000  11  11" [11 months and 11 days] in item 12c (Net Active Service This Period)
* "0000  02  02" [2 months and 2 days] in item 12d
* "0001  00  04" [1 year and 4 days] in item 12e

3.  His DD Form 214 for the period ending 26 September 2000 shows the entry:

* "0003  02  27" [3 years, 2 months, and 27 days] in item 12c
* "0001  01  13" [1 year, 1 month, and 13 days] in item 12d
* "0001  00  04" [1 year and 4 days] in item 12e

4.  His DD Form 214 for the period ending 2 May 2002 shows the entry:

* "0000  09  27" [9 months and 27 days] in item 12c
* "0003  02  27" [3 years, 2 months, and 27 days] in item 12d
* "0000  04  12" [4 months and 12 days] in item 12e

5.  He was ordered to active duty from the USAR on 3 February 2003 in support of Operation Enduring Freedom.  He served in Kuwait and Iraq from 17 March 2003 to 14 March 2004.  On 13 April 2004, he was released from active duty.

6.  His DD Form 214 for the period ending 13 April 2004 shows the entry:

* "0001  02  11" [1 year, 2 months, and 11 days] in item 12c
* "0006  03  11" [6 years, 3 months, and 11 days] in item 12d
* "0000  09  00" [9 months] in item 12e

7.  He was ordered to active duty from the USAR on 8 May 2008 in support of Operation Iraqi Freedom.  He served in Iraq from 14 June 2008 to 25 April 2009.  On 8 June 2009, he was released from active duty.  

8.  His DD Form 214 for the period ending 8 June 2009 shows the entry:

* "0001  01  01" [1 year, 1 month, and 1 day] in item 12c
* "SEE BLOCK #18" in item 12d
* "SEE BLOCK #18" in item 12e
* "IRAQ CAMPAIGN MEDAL W/TWO CAMPAIGN STARS" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION" and "ITEM 12D DOES NOT ACCOUNT FOR ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERED IN ITEM 12A" in item 18 (Remarks)

9.  Records show he participated in four campaigns during his two deployments in Iraq.

10.  In support of his claim to update items 12d and 12e of his DD Form 214 for the period ending 8 June 2009, he provided a USAR Personnel Command Chronological Statement of Retirement Points, dated 16 July 2010, and his retirement points detail statement.

11.  His DD Form 214 for the period ending 15 November 2010 shows the entry:

* "0000  04  01" [4 months and 1 day] in item 12c
* "0007  05  19" [7 years, 5 months, and 19 days] in item 12d
* "0007  08  13" [7 years, 8 months, and 13 days] in item 12e
* "IRAQ CAMPAIGN MEDAL W/THREE CAMPAIGN STARS" in item 13

12.  This DD Form 214 does not show the Global War on Terrorism Service Medal (GWOTSM) as an authorized award.  

13.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 
30 consecutive days or for 60 non-consecutive days or meet one of several other criteria.  Approved designated Iraq campaigns are:

* Liberation of Iraq/19 March 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 June 2004 
* Iraq 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

14.  Army Regulation 600-8-22 states that the GWOTSM 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, on or after 11 September 2001 to a future date to be determined. 

15.  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.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation states, in pertinent part, that for item 12 (Record of Service) use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states that for:

   a.  item 12c, enter the amount of service this period by subtracting item 12a (Date Entered AD [Active Duty] This Period) from 12b (Separation Date This Period).  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration term of service, if any, are deducted.  Such time will be identified in item 18 (Remarks).  If Soldier was released from active duty because of voided enlistment, enter “00 00 00”; 

   b.  item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00”; and
   
   c.  item 12e, from previously issued DD Forms 214 and/or Enlisted Record Brief/Officer Record Brief, enter the total amount of prior inactive service, less lost time, if any. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 8 June 2009 shows the ICM with two bronze service stars and his DD Form 214 for the period ending 
15 November 2010 shows the ICM with three bronze service stars.  However, he participated in four campaigns during his deployments in Iraq which entitles him to award of the ICM with four bronze service stars.  His DD Forms 214 for the periods ending 8 June 2009 and 15 November 2010 should be corrected to show these service stars.  In addition, since he served a period of qualifying service for the GWOTSM, this DD Form 214 should also be corrected to show the GWOTSM. 

2.  His request to update items 12d and 12e of his DD Form 214 for the period ending 8 June 2009 was noted.  However, since there are discrepancies in his prior active and inactive service on several of his DD Forms 214 and it appears his records are not complete, the U.S. Army Human Resources Command should review the applicant’s entire records and calculate his prior active and inactive service.  Any corrections to items 12d and 12e should then be made, if necessary, to his DD Forms 214.

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:

	a.  corrected by deleting the entry "IRAQ CAMPAIGN MEDAL W/TWO CAMPAIGN STARS" from item 13 of his DD Form 214 for the period ending 
8 June 2009 and adding the entries "Iraq Campaign Medal with four bronze service stars" and "Global War on Terrorism Service Medal";

	b.  corrected by deleting the entry "IRAQ CAMPAIGN MEDAL W/THREE CAMPAIGN STARS" from item 13 of his DD Form 214 for the period ending 
15 November 2010 and adding the entries "Iraq Campaign Medal with four bronze service stars" and "Global War on Terrorism Service Medal";  

   c.  reviewed by the U.S. Army Human Resources Command to calculate his prior inactive and active service as of 15 November 2010; and 
   
   d.  make any necessary corrections to items 12d and 12e of his DD Forms 214. 
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 items 12d and 12e of his DD Form 214 for the period ending 8 June 2009 without his service being first calculated by the U. S. Army Human Resources Command.  



      _______ _   _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)                                         AR20100021373





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ABCMR Record of Proceedings (cont)                                         AR20100021373



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