BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023749 


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 his service in Iraq and award of the Iraq Campaign Medal.

2.  The applicant states he served in Iraq from 10 January 2007 to 31 December 2008.

3.  The applicant provides:

* DD Form 214
* deployment orders
* release letter

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 4 years on 26 October 2004.  He completed basic combat and advanced individual training and was awarded military occupational specialty 19K 
(M-1 Armor Crewmember).  He was assigned to the 2nd Battalion, 23rd Infantry, Fort Lewis, WA.

2.  On 16 April 2008, he was convicted by a general court-martial of manslaughter of another Soldier in Iraq on 5 September 2007.  The court sentenced him to reduction to the lowest enlisted grade, 28 months of confinement, and a bad conduct discharge.

3.  On 29 October 2009, the U.S. Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence.

4.  Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, General Court-Martial Order Number 9, dated 11 February 2010, shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the bad conduct discharge executed.

5.  The applicant was discharged from the Army on 3 June 2010.  The DD Form 214 he was issued shows he was discharged under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations), as a result of court-martial with a bad conduct discharge.  This form further shows in:

	a.  item 12f (Foreign Service) – "0000  00  00";

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Combat Action Badge, and Driver and Mechanic Badge; and

	c.  item 18 (Remarks) – no service in Kuwait or Iraq.

6.  He submitted:

	a.  Orders 092-229, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, on 2 April 2007 directing his unit of assignment, the 2nd Battalion, 23rd Infantry, on a temporary change of station (TCS) in support of Operation Iraqi Freedom (OIF) for a period of 365 days beginning on or about 7 March 2007; and

	b.  a letter issued by his immediate commander on 29 September 2007 authorizing his early release from theater for legal proceedings.  No date of departure is indicated in this letter.

7.  Email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 31 January 2011, confirms the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 9 April 2007 to 5 October 2007 for service in Kuwait.

8.  HFP/IDP is a military entitlement paid for any month in which a Soldier is entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  HFP/IDP is paid for the entire month regardless of the date the Soldier arrives in or departs the HFP/IDP-designated area.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier's Enlisted/Officer Record Brief.  Additionally, item 18 of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

10.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who 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 Iraq Campaign Medal 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.  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.  The applicant's exact dates of deployment to Iraq and departure from Iraq are unknown.  However, the applicant submitted orders that shows his unit of assignment was issued TCS orders for deployment in support of OIF beginning on or about 17 March 2007.  He also submitted a letter initiated by his immediate commander on 29 September 2007 authorizing his early release from theater for legal reasons.

2.  The evidence of record shows he received HFP/IDP from 9 April 2007 to 5 October 2007.  These dates appear to be consistent with the TCS orders and the letter of release.  He appears to have served in Kuwait/Iraq from 9 April 2007 to 5 October 2007, a period of 5 months and 27 days.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service in Kuwait/Iraq.

3.  This period of foreign service also entitles him to award of the Iraq Campaign Medal with one bronze service star for participation in the Iraqi Surge campaign and correction of his records to show this award.

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 is 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:

* deleting from item 12h of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  05  27"
* adding to item 13 of his DD Form 214 the Iraq Campaign Medal with one bronze service star
* adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20070409-20071004"



      ___________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)                                         AR20100023749



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ABCMR Record of Proceedings (cont)                                         AR20100023749



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