BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022372 


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 show award of the Purple Heart and two Overseas Service Ribbons and to change the name of his closest relative from his former wife to his daughter.

2.  The applicant states he was awarded the Purple Heart for his combat injuries.  He states he earned his first Overseas Service Ribbon when he served in South Korea at Camp Casey for 1 year.  He earned his second Overseas Service Ribbon for his 9 months and 3 days of service in Iraq.  He is now divorced and states his daughter should be named as his closest relative on his DD Form 214.

3.  The applicant provides:

* Orders 196-95 issued by U.S. Army Garrison, Aberdeen Proving Ground, dated 14 July 2004
* Orders 031-0007 issued by Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, dated 31 January 2008
* DD Form 214 with a separation date of 4 April 2008
* photocopy of his Purple Heart Certificate, undated
* newspaper clipping, undated

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 February 2004.  He completed his initial entry training and was awarded military occupational specialty 63H (Tracked Vehicle Mechanic).  His Enlisted Record Brief (ERB) maintained in the interactive Personnel Electronic Records Management System (iPERMS) shows he served a foreign service tour at Camp Casey in the Republic of Korea from 20 August 2004 to on or about 6 September 2005 for a duration of 1 year and 18 days.

2.  On 17 November 2007, the applicant was awarded the Purple Heart by Permanent Orders 321-068E issued by Headquarters, 1st Armored Division, at Contingency Operating Base Speicher for wounds incurred on 10 May 2007.

3.  The applicant retired on 4 April 2008 and was placed on the Temporary Disability Retired List on 5 April 2008.  He was issued a DD Form 214 showing he completed 4 years, 1 month, and 16 days of active duty with 9 months and 3 days of foreign service.  The location of his foreign service tour recorded on his DD Form 214 shows service in Iraq from 28 August 2006 to 31 May 2007.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Combat Action Badge
* Driver and Mechanic Badge with Mechanic Bar

5.  Item 19b (Nearest Relative) of his DD Form 214 lists E____ B____ in Madison, WV.

6.  The applicant's ERB, dated 5 December 2007, shows the aforementioned awards in section VIII (Awards and Decorations).  There is no record of award of the Overseas Service Ribbon or Purple Heart.

7.  Within iPERMS, the applicant's DD Form 93 (Record of Emergency Data) shows he was married to E____ B____ of Chapmanville, WV, at the time of his separation.  This same form shows he has a son whose date of birth is 22 April 2004.  No daughter is identified on this form.



8.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  Army Regulation 614-30 (Overseas Service) prescribes that the overseas service tour credit for an unaccompanied tour in Korea is 12 months.  In addition, Table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date of Return from Overseas), rules 6 and 8, provides that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.

	c.  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 and states 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.  For item 12f (Foreign Service), enter the total amount of foreign service completed during the period of active duty.  For item 19b, the Soldier will provide the name and address of a relative who will know his or her location and address.

	d.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  By permanent orders, the applicant was awarded the Purple Heart.  Therefore, he is entitled to correction of his record to show this award.
2.  Based on the evidence of record, the applicant served two qualifying overseas service tours, one in the Republic of Korea and one in Iraq.  Therefore, he is entitled to award of the Overseas Service Ribbon with Numeral 2 and correction to his record to show these awards.

3.  Based on his service in Iraq from 28 August 2006 to 31 May 2007, he served during two campaigns:  National Resolution and Iraqi Surge.  Therefore, it would be appropriate to correct his record to show his participation in two named campaigns by adding two bronze service stars to his previously-awarded Iraq Campaign Medal

4.  An apparent administrative error exists on his DD Form 214 in the calculation of his total foreign service.  His DD Form 214 only shows 9 months and 3 days, reflecting the duration of his foreign service tour in Iraq.  As his DD Form 214 should reflect his total foreign service, it would be appropriate to add 1 year and 18 days for his foreign service tour in the Republic of Korea.  Therefore, item 12f of his DD Form 214 should be corrected to show a total of 1 year, 9 months, and 23 days of foreign service.

5.  The applicant contends he is now divorced and wants item 19 of his DD Form 214 changed to show his daughter.  The DD Form 214 is meant to be a synopsis of a Soldier's most recent period of continuous active duty providing a brief and clear-cut record at the time of his separation.  At the time the applicant separated, he was married and identified his spouse as his nearest relative.  Therefore, his DD Form 214 properly reflects who his nearest relative was at the time he separated.  There is no administrative requirement or directive to update item 19 of veterans' DD Forms 214 as their personal circumstances change.  Therefore, there is no justification or requirement to change item 19 of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  __x______  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  amending item 12f to show 1 year, 9 months, and 21 days;

	b.  deleting the Iraq Campaign Medal from item 13 of his DD Form 214; and

	c.  adding to item 13 of his DD Form 214 the:

* Purple Heart
* Overseas Service Ribbon (Numeral 2)
* Iraq Campaign Medal with two bronze service stars

2.  The Board further determined 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 removing his spouse's name as his nearest relative on 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)                                         AR20100022372



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ABCMR Record of Proceedings (cont)                                         AR20100022372



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