IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000396
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 deployment to Iraq.
2. The applicant states his record is in error because it does not show he deployed to Iraq.
3. The applicant provides his DD Form 214 and a memorandum of release from the Commanding General, Multi-National Division-Baghdad, Camp Liberty, Iraq, dated 23 October 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for a 3-year term on 30 December 2004. He completed training and was awarded military occupational specialty 52D (Power Generation Equipment Repairer). On 26 January 2008, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve (IRR)) for the remainder of his service obligation.
2. Effective 1 February 2009, he was mobilized and ordered to active duty in support of Operation Iraqi Freedom (OIF).
3. On 6 December 2009, he was honorably released from active duty and transferred to the IRR to complete his remaining service obligation. His DD Form 214 shows he completed 10 months and 6 days of net active service during this period of active duty.
a. Item 12f (Foreign Service) does not reflect completion of any foreign service.
b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Iraq Campaign Medal with one campaign star.
c. Item 18 (Remarks) contains the statement, "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302."
4. The Defense Finance and Accounting Service records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for Kuwait from 18 April 2009 through 15 November 2009.
5. He provides a memorandum of release from Commanding General, Multi-National Division-Baghdad, Camp Liberty, Iraq, dated 23 October 2009, which shows he deployed in support of OIF and was released from theater on 1 November 2009.
6. 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.
a. Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period of service represented in item 12c (Net Active Service This Period).
b. Item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.
7. His records indicate he is entitled to additional awards which are not shown on his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years. Also qualifying for this award with the "M" Device 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, 12406, or, in the case of the U.S. Coast Guard Reserve, Title 14, U.S. Code, section 712. The member must have volunteered or was called to active duty 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).
DISCUSSION AND CONCLUSIONS:
The applicant's record shows he was deployed to Kuwait and Iraq from 18 April 2009 to 15 November 2009. Therefore, he is entitled to:
* correction of item 12f of his DD Form 214 to show 6 months and 28 days of foreign service
* correction of item 13 of his DD Form 214 to show award of the Armed Forces Reserve Medal with "M" Device
* correction of item 18 of his DD Form 214 to show "SERVICE IN KUWAIT/IRAQ FROM 20090418-20091115"
BOARD VOTE:
___X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
* amending item 12f of his DD Form 214 to show 6 months and 28 days of foreign service
* amending item 13 of his DD Form 214 to show the Armed Forces Reserve Medal with "M" Device
* amending item 18 of his DD Form 214 to show "SERVICE IN KUWAIT/IRAQ BETWEEN 20090418 AND 20091115"
__________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) AR20100011932
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ABCMR Record of Proceedings (cont) AR20110000396
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