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ARMY | BCMR | CY2010 | 20100028645
Original file (20100028645.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100028645 


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 foreign service in Iraq.  He also requests that the Board send him a corrected copy of his DD Form 214.  

2.  He states an administrative oversight occurred. 

3.  He provided a copy of his DD Form 214.  

CONSIDERATION OF EVIDENCE:

1.  His record shows he enlisted in the Regular Army on 24 November 2004.  He served in military occupational specialty 89B (Ammunition Specialist).  

2.  His DD Form 214 shows he was honorably released from active duty on 
24 July 2008 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for the completion of his Reserve service obligation.  This form also shows the following:

* Item 12f (Foreign Service) – 0000 Year(s), 00 Month(s), 00 Day(s)
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal


* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge with Mechanic Bar

* Item 18 (Remarks) does not reflect his service in Kuwait/Iraq.

3.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for Kuwait from 25 January 2007 through 19 April 2008 for a total of 1 year, 
2 months, and 26 days.    

4.  A review of his records shows he is entitled to an additional award which is not shown in his records.  

5.  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.  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)

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

7.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  



8.  Army Regulation 635-5 (Separation Documents) 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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; and
	b.  for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed he received HF/IDP and CTZE for Kuwait from 25 January 2007 through 19 April 2008.  

2.  In view of the foregoing his DD Form 214 should be amended to show:

* 12f – “0001 Year(s) 02 Month(s) 26 Day(s)”
* 18 – “SERVICE IN KUWAIT/IRAQ FROM 20070125-20080419"

3.  Based on his foreign service in support of OIF, in a designated area and during the Iraqi Surge Campaign, he is therefore entitled to award of the ICM with one bronze service star and the OSR and to have these awards added to item 13 of his DD Form 214. 

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 amending his DD Form 214 as follows:

   a.  deleting the current entry in item 12f and adding the entry “0001 Year(s) 02 Month(s) 26 Day(s),” 

b.  adding the OSR and ICM with one bronze service star to item 13;
   
   c.  adding the entry “SERVICE IN KUWAIT/IRAQ FROM 20070125-20080419," to item 18; and
   
   d.  providing him a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) with these changes.



      ___________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)                                         AR20100028645





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ABCMR Record of Proceedings (cont)                                         AR20100028645



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