BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100024072 


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, through a service organization representative, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Kuwait/Iraq for 12 months.

2.  The applicant states he served in Kuwait/Iraq for 12 months from April 2003 to April 2004 but his DD Form 214 omitted this foreign service.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the Army National Guard, the applicant enlisted in the Regular Army (RA) on 1 February 2002 and held military occupational specialty 13M (Multiple Launch Rocket System (MLRS) Crewmember).  He executed a 4-year reenlistment in the RA on 14 October 2004 and he attained the rank/grade of specialist (SPC)/E-4.

2.  He was discharged on 1 April 2005.  The DD Form 214 he was issued shows he completed 3 years, 2 months, and 1 day of creditable active service.  Additionally, this form shows in:

* block 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service
* 
block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Global War on Terrorism Service Medal

* block 18 (Remarks) no deployment entry for Kuwait/Iraq

3.  On 31 December 2009, after careful review, the Army Discharge Review Board upgraded the applicant's characterization of service.  Accordingly, his original DD Form 214 was voided and he was reissued a new DD Form 214.

4.  In an email, dated 16 September 2010, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 14 April 2003 through 6 April 2004, which equates to 11 months and
24 days of foreign service.

5.  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.  It states that for:

* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18, 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 Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)" 

6.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 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.  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)

8.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  

9.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  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.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Kuwait/Iraq from April 2003 to April 2004.  DFAS confirmed he received HF/IDP and CZTE for service in Kuwait/Iraq from 14 April 2003 through 6 April 2004.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 11 months and 24 days of foreign service.

2.  Additionally, based on his service in Kuwait/Iraq, he is entitled to the Overseas Service Ribbon and the Iraq Campaign Medal with two bronze service stars, and correction of his DD Form 214 to show 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:

	a.  deleting from block 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  11  24";

	b.  adding to block 13 of his DD Form 214 the Overseas Service Ribbon and the Iraq Campaign Medal with two bronze service stars; and

	c.  adding to block 18 of his DD Form 214 the entry "Service in Kuwait/Iraq from 20030413 - 20030406."



      _________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)                                         AR20100024072



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024072



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1