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ARMY | BCMR | CY2010 | 20100029136
Original file (20100029136.txt) Auto-classification: Approved

		

		BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100029136 


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 for the period ending 31 December 2007 to reflect his foreign service time and his awards of the Armed Forces Reserve Medal (AFRM) with “M” Device, Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), two overseas service bars, and two shoulder sleeve insignias for former wartime service
(SSI-FWTS).

2.  The applicant states that his DD Form 214 does not show his foreign service and all of his awards.

3.  The applicant provides:

* A memorandum from his unit in Iraq, subject:  Statement of Service, dated 4 July 2006
* A copy of his 31 December 2007 DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant requested that the GWOTSM be added to his DD Form 214 for the period ending 31 December 2007.  His DD Form 214 for this period currently shows he was awarded the GWOTSM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.


2.  The applicant initially enlisted in the Regular Army on 15 March 1984 and he served on active duty until he was honorably released from active duty (REFRAD) on 3 March 1988 in the pay grade of E-5.

3.  On 21 January 1990, he enlisted in the U.S. Army Reserve (USAR) and continued to serve through a series of continuous reenlistments.  He deployed to Southwest Asia (SWA) in support of Operation Desert Storm from 1 November 1990 through 22 April 1991 for a period of 5 months and 22 days.  He continued to serve on active duty in the Active Guard Reserve (AGR) program.  He was promoted to the pay grade of E-7 on 1 January 1997.

4.  He reenlisted in the USAR for an indefinite period on 6 October 2004.  He deployed to Iraq in support of Operation Iraqi Freedom (OIF) from 15 November 2005 through 4 November 2006 for a period of 11 months and 21 days.

5.  On 31 December 2007, he was honorably retired by reason of sufficient service for retirement.  He had served 21 years, 4 months, and 21 days of creditable active service.  The DD Form 214 he was issued at the time of his retirement shows in:

	a.  block 12f (Foreign Service) the entry "0000  00  00";

	b.  block 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Meritorious Service Medal
* Army Commendation Medal (2d Award)
* Army Achievement Medal (2d Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2d Award)
* Southwest Asia Service Medal with one bronze service star
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon with numeral 3
* Army Service Ribbon
* Armed Forces Reserve Medal with 10-year device
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Parachutist Badge
* Air Assault Badge


	c.  block 18 (Remarks) no entry for overseas deployments

6.  Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under
Title 10, U.S. Code, sections 12301(a), 12302, 12304, or 12406.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(a)(13).  AGR members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the “M” Device.

7.  Army Regulation 600-8-22 states the ICM is awarded to members who have 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are the:

* 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)
* Iraq 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.  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.  

9.  Army Regulation 670-1 (Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia, as worn by officers and enlisted personnel of the active and reserve components of the Army, as well as by former Soldiers.

	a.  Paragraph 28-28 states the overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.

	b.  Paragraph 28-17 states the SSI-FWTS, commonly referred to as a “combat patch,” is authorized for optional wear in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.

10.  Army Regulation 635-5 (Personnel Separations - 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.  It states that for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  block 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

	c.  block 18, for an active duty Soldier deployed to a foreign country 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a USAR Soldier who deployed in support of Operation Iraqi Freedom.  Therefore, he is entitled to the AFRM with “M” Device and correction of his DD Form 214 to show this award.

2.  He deployed to Iraq from 15 November 2005 to 4 November 2006 during two designated campaigns phases (Iraq Governance and National Resolution).  Therefore, he is entitled to the ICM with two bronze service stars and correction of his DD Form 214 to show this award.  This also makes him eligible for the Overseas Service Ribbon, which should also be added to his DD Form 214.

3.  The applicant served 5 months and 22 days of service in SWA and 11 months and 21 days of service in Iraq, for a total of 1 year, 2 months, and 13 days of foreign service.  Therefore, block 12f of his DD Form 214 should be corrected to show total amount of foreign service during the period covered by his
DD Form 214.

4.  The applicant deployed to SWA and Iraq during his active duty service.  Therefore, block 18 of his DD Form 214 should be corrected to show the entries:

* Service in SWA from 901101 - 910422
* Service in Iraq from 20051115 - 20061104

5.  The applicant's contention that his overseas service bars and SSI-FWTS should be added to his DD Form 214 has been considered.  Both are uniform items not authorized for entry on the DD Form 214.  Only decorations and awards listed in Army Regulation 600-8-22 are authorized for entry on the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

BOARD VOTE:

___x_____  ___x_____  __x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting from block 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0001  02  13";

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


* Iraq Campaign Medal with two bronze service stars
* Armed Forces Reserve Medal with “M” Device
* Overseas Service Ribbon

	c.  adding to block 18 of his DD Form 214 the entries:

* “Service in Southwest Asia from 901101 - 910422"
* "Service in Iraq from 20051115 - 20061104"

2.  The Board further determined that the evidence presented was 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 adding overseas service bars and SSI-FWTSs (combat patches) to his DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100029136



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ABCMR Record of Proceedings (cont)                                         AR20100029136



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