BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100028957 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* the proper dates of his deployments to Iraq
* award of the Combat Action Badge
* any additional awards and decorations to which he is entitled

2.  He states, in effect, these errors were the result of administrative mistakes on the part of the personnel clerk who prepared his separation paperwork.

3.  He provides a unit deployment order and a Soldier Deployment History Outprocessing Report.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 9 January 2003 and held military occupational specialty 13B (Cannon Crewmember).  He was released from active duty (REFRAD) on 17 August 2008 and transferred to U.S. Army Control Group (Reinforcement) after completing 5 years, 7 months, and 9 days of creditable service.  At the time of his REFRAD, he held the rank/pay grade of sergeant/E-5.

2.  His record contains Permanent Orders 278-25 issued by Headquarters, 1st Infantry Division on 5 October 2005 which show he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy in support of Operation Iraqi Freedom on 24 December 2004.

3.  His record contains a DA Form 638 (Recommendation for Award), dated 11 July 2005, which shows he was awarded the Army Achievement Medal for meritorious service from 27 October 2003 to 8 October 2005 while serving as a member of 1st Battalion, 6th Field Artillery Regiment based in Germany.  Part III (Justification and Citation Data) of this form clearly shows he served in Iraq during this period of recognition.

4.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq from 17 February 2004 through 28 February 2005; a period of 1 year and 12 days.

5.  The applicant provides Permanent Orders 332-8 issued by Headquarters, 3rd Infantry Division and Fort Stewart, GA on 28 November 2006 which show his unit was deployed in a Temporary Change of Station status to Iraq on or about 15 January 2007 until completion of the mission.

6.  The applicant provides a Soldier Deployment History Outprocessing Report, rendered for the period 1 November 2005 to 11 June 2008, which was reviewed and authenticated by a reviewing official on 11 June 2008.  This document shows he deployed overseas in support of a contingency operation on two occasions for a combined period of 1 year, 4 months, and 7 days:

* from 22 November 2005 to 10 January 2006; a period of 1 month and 20 days
* from 17 January 2007 to 2 April 2008; a period of 1 year, 2 months, and 17 days

7.  His DD Form 214 contains the following information:

* Item 12f (Foreign Service) shows he completed 3 years, 7 months, and 6 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the:
* 
Army commendation Medal
* Army Achievement Medal
* Valorous Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver - Wheeled Vehicle(s) Clasp

* Item 18 (Remarks) shows he served in Iraq on two occasions:

* from 13 May 2003 to 2 October 2005
* from 14 February 2004 to 7 April 2005

8.  Section I of his Enlisted Record Brief shows he was credited with completion of an overseas tour in Germany for the period 13 May 2003 through 2 October 2005.

9.  Army Regulation 600-8-22 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 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)

10.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign 

Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  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.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30 (Overseas Service) apply).  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

12.  Army Regulation 614-30, Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

13.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it 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.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form;

	b.  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

	c.  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.  The applicant contends his DD Form 214 should be corrected to show:

* the proper dates of his deployments to Iraq
* award of the Combat Action Badge
* any additional awards and decorations to which he is entitled

2.  Permanent orders show he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy in support of Operation Iraqi Freedom on 24 December 2004.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His MMPA and Deployment History Outprocessing Report show he deployed to Iraq on three occasions for the following periods:

* 17 February 2004 through 28 February 2005; a period of 1 year and 12 days
* from 22 November 2005 to 10 January 2006; a period of 1 month and 20 days
* from 17 January 2007 to 2 April 2008; a period of 1 year, 2 months, and 17 days

4.  Item 18 of his DD Form 214 erroneously shows he served in Iraq for two completely different overlapping periods of time.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show the proper periods of foreign service.

5.  Evidence shows that during his second deployment he served a qualifying period of service in Iraq for award of the ICM and that he participated in four campaigns.  Therefore, he is entitled to correction of his records to show the ICM with four bronze service stars.

6.  Evidence shows he completed an overseas tour in Germany and two separate deployments in excess of 1 year each.  Therefore, he is entitled to correction of his records to show the OSR with Numeral 3.

7.  Evidence shows his foreign service consisted of the following periods:

* Germany and Iraq from 13 May 2003 through 2 October 2005; a period of 2 years, 4 months, and 20 days
* Iraq from 22 November 2005 to 10 January 2006; a period of 1 month and 20 days
* Iraq from 17 January 2007 to 2 April 2008; a period of 1 year, 2 months, and 17 days

8.  The total amount of his foreign service was 3 years, 8 months, and 27 days.  Item 12f of his DD Form 214 should be corrected to show to show the correct amount of foreign service.

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 correcting his DD Form 214 as follows:

	a.  deleting the current entry in item 12f and adding the entry "0003  08  27";

	b.  deleting the Iraq Campaign Medal with one bronze service star and Overseas Service Ribbon from item 13;

	c.  adding the Iraq Campaign Medal with four bronze service stars and the Overseas Service Ribbon with Numeral 3 to item 13;

	d.  deleting from item 18 the entry, "SERVICE IN IRAQ 20030513-20051002// SERVICE IN IRAQ 20040214-20050407" and adding the entry "SERVICE IN IRAQ FROM 20040217-20040228//SERVICE IN IRAQ FROM 20051122-20060110//SERVICE IN IRAQ FROM 20070117-20080402//; and

	e.  providing him a correction to his DD Form 214 as a result of 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)                                         AR20100028957



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ABCMR Record of Proceedings (cont)                                         AR20100028957



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