IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021856 


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 reflect his deployment to Iraq and to show an additional military occupational specialty (MOS) of 88M (motor transport operator).

2.  The applicant states he served in Iraq with the 184th Explosive Ordnance Disposal (EOD) Battalion; however, his DD Form 214 does not reflect his deployment or foreign service. 

3.  The applicant provides a copy of his DD Form 214 and a copy of an email from a Forces Command (FORSCOM) command sergeant major (CSM).

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 23 June 2005, shows he enlisted in the Regular Army in Kansas City, MO for a period of 3 years and 17 weeks and training in MOS 88M.

2.  His record also contains a DA Form 3286-63 (Statement for Enlistment - U.S. Army Training Enlistment Program), dated 28 September 2005, that shows he acknowledged he would be assured training in MOS 25M (media illustrator) in connection with his enlistment under the U.S. Army Training Enlistment Program.

3.  There is no evidence of record and the applicant did not provide any evidence that shows he attended, successfully completed, or was awarded MOS 88M.

4.  On 23 May 2008, he reenlisted for a period of 6 years in MOS 25M for current station stabilization and a reenlistment bonus.

5.  On 13 April 2010, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-17, due to a condition - not a disability.  He had served 4 years, 10 months, and 5 days of total active service.  The highest rank/grade he attained during his service was specialist (SPC)/E-4.  Item           11 (Primary Specialty) of his DD Form 214 shows the entry "25M1O MEDIA ILLUSTRATOR - 4 YRS 10 MOS//NOTHING FOLLOWS).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his discharge shows the:

* Army Commendation Medal
* Army Achievement Medal (2d award)
* Army Superior Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal 
* Army Service Ribbon

6.  Item 12f (Foreign Service) of his DD Form 214 shows the entry
"0000  00  00," indicating no foreign service performed by the applicant.  Item 18 (Remarks) does not indicate any deployment to Iraq or any other location.

7.  The email from a CSM verifies the applicant was a member of the 184th EOD and states he in fact deployed with the battalion to Iraq.

8.  In the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to confirm the applicant's foreign service.  DFAS confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Iraq from 8 August 2007 through
5 November 2008, which equated to 1 year, 2 months, and 29 days.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for:

* item 11, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years ad months served


* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* for item 18, enter in the remarks section “SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD)” for an active duty Soldier deployed with his or her unit during their continuous period of active service

10.  Army Regulation 600-8-22 (Military Awards) 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.  During the applicant's service in Iraq, he participated in the Iraqi Surge (10 January 2007 - 31 December 2008) campaign.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant successfully completed or was awarded MOS 88M.  Therefore, there is no basis for adding this MOS to his DD Form 214.

2.  Evidence shows the applicant served in Iraq for a period of 1 year, 2 months, and 29 days during the period of 8 August 2007 through 5 November 2008.  Therefore, he is entitled to correction of his DD Form 214 to appropriately reflect his foreign service and his deployment.

3.  The applicant served in Iraq during one campaign phase.  Therefore, he is entitled to the Iraq Campaign Medal with one bronze service star and correction of his DD Form 214 accordingly.

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 item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0001  02  29";

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with one bronze service star; and

	c.  adding to item 18 of his DD Form 214 the entry “Service in Iraq from 20070808 - 20081105.”

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 adding MOS 88M to item 11 of his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20100021856



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ABCMR Record of Proceedings (cont)                                         AR20100021856



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