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ARMY | BCMR | CY2011 | 20110000202
Original file (20110000202.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20110000202 


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, to be awarded the Iraq Campaign Medal (ICM) and the Combat Action Badge (CAB) and correction of his DD Form 214 to add his foreign service in Iraq.

2.  The applicant states that his DA Form 1307 (Individual Jump Record) provides dates showing there is a gap from 26 October 2006 to 17 February 2008.

3.  The applicant provides a copy of his deployment record, his DA Form 1307, and two certificates of achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 June 2005 for a period of 3 years and 18 weeks, training as a cavalry scout, and a cash enlistment bonus.  He completed one-station unit training at Fort Knox, Kentucky, and his airborne training at Fort Benning, Georgia, before being transferred to Fort Bragg, North Carolina, on 4 January 2006.

2.  He deployed to Iraq from 26 November 2006 to 15 February 2008 (1 year, 2 months, and 20 days).  After serving in two campaigns, he returned with his unit to Fort Bragg.



3.  On 2 November 2008, he was honorably released from active duty (REFRAD) due to completion of required service.  He completed 3 years, 4 months, and 3 days of active service.  His DD Form 214 issued at the time of his REFRAD shows the entry "0000  00  00" in block 12f (Foreign Service).

4.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.

5.  A review of the applicant's official records failed to show he was awarded the CAB.  Therefore, he must exhaust his administrative remedies before the Board can act on his request for award of the CAB in order to preserve the applicant's right to re-apply to this Board at a later date with evidence showing he has exhausted his administrative remedies.  Accordingly, award of the CAB will not be further discussed in this Record of Proceedings.

6.  Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The request may be made by letter and must contain:

* assignment, attachment, or operational control orders
* a copy of Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

7.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who 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 2009-31 August 2010
* New Dawn (1 September 2010-date to be determined)

8.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/temporary duty status receive credit for a complete short tour.

9.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that for:

* block 12f, enter the amount of foreign service served during the period covered by the DD Form 214
* block 18, enter in the remarks section "SERVICE IN (Name of country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his or her unit during their continuous period of service

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq during a qualifying period for award of the ICM and he served in two campaigns.  Accordingly, he is entitled to the ICM with two bronze service stars and to have it added to his DD Form 214.

2.  The applicant served a complete overseas tour of duty in Iraq and is therefore entitled to the OSR and to have it added to his DD Form 214.

3.  The applicant served 1 year, 2 months, and 20 days of foreign service in Iraq.  Accordingly, he is entitled to have that time reflected in block 12f of his DD Form 214 and to have the entry "SERVICE IN IRAQ FROM 20061126-20080215" entered in block 18 of his DD Form 214.



BOARD VOTE:

__X_____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the entry "0000  00  00 from block 12f of his DD Form 214
* adding the entry "0001  02  20" to block 12f of his DD Form 214
* adding the ICM with two bronze service stars and the OSR to block 13 of his DD Form 214
* adding the entry "SERVICE IN IRAQ FROM 20061126-20080215" to block 18 of his DD Form 214.

2.  The Board wants the applicant and all others to know 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)                                         AR20110000202



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ABCMR Record of Proceedings (cont)                                         AR20110000202



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