IN THE CASE OF:	  

		BOARD DATE:	    8 September 2011

		DOCKET NUMBER:  AR20110000817 


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 service in Iraq.

2.  He states he served in Iraq from 12 June 2008 to 10 May 2009.  

3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 August 2006.  He was honorably released from active duty on 29 January 2010 after completing 3 years, 5 months, and 29 days of net active service.

2.  Section I (Assignment Information) of his Enlisted Record Brief (ERB) shows no entries in the fields for [Overseas]/Deployment Combat Duty.  Section IX (Assignment Information) shows Company E, 4th Aviation Battalion (Forward Support), from 5 February 2007 until he was released from active duty.

3.  His DD Form 214 shows in:

   a.  Item 12f (Foreign Service) - no foreign service.
   
   
   
   
   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge - Mechanic

   c.  Item 18 (Remarks) contains no entry documenting the country and duration of any deployed service.

4.  Permanent Orders 203-46, issued by the U.S. Army Human Resources Command, Alexandria, VA, on 22 July 2009, show Headquarters and Headquarters Company, 4th Battalion, 4th Aviation Regiment, and five subordinate units, including Company E, were awarded the Meritorious Unit Commendation (MUC) for service in support of Operation Iraqi Freedom (OIF) in the Multi-National Division-Baghdad area of operations during the period 16 June 2008 to 15 June 2009.  

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account (MMPA).  His MMPA shows he received hostile fire pay/imminent danger pay (HFP/IDP) and the combat zone tax exclusion for Kuwait from 17 June 2008 through 9 May 2009.

6.  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.  

	a.  It states from the ERB, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  It states that for an active duty Soldier deployed 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)" in block 18 of the DD Form 214.

7.  As a related issue, a review of his record indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (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 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-to a date to be determined)

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

10.  According to the Awards and Decorations Branch at the 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 continuous months 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.)

11.  Permanent orders issued by the U.S. Army Human Resources Command awarded Company E, 4th Battalion, 4th Aviation Regiment, the MUC for a period during which he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's request for correction of his DD Form 214 to show his service in Iraq.  

2.  His MMPA shows he was deployed to Kuwait; however, it appears he may only have been processed into the theater of operations through Kuwait, which would explain this entry in his pay records.  

3.  In contradiction to his MMPA, permanent orders show his unit was awarded the MUC for its service in Iraq.  It is reasonable to presume he was present for duty with his unit in Iraq during the period his MMPA indicates he was in Kuwait.  Accordingly, it would be appropriate to correct item 12f of his DD Form 214 to show he had 10 months and 23 days of foreign service and to add a statement to item 18 documenting his service in Iraq.

4.  His service in Iraq makes him eligible for the ICM, and he served during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the ICM with two bronze service stars.

5.  Based on his 10 months and 23 days of service in Iraq, he is eligible for the OSR.  Therefore, he is entitled to correction of his DD Form 214 to show the OSR.

6.  The applicant was assigned to a unit during a period for which the unit received the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  10  23";

	b.  adding to item 13 of his DD Form 214 the ICM with two bronze service stars, OSR, and MUC; and




	c.  adding to item 18 of his DD Form 214 the entry " SERVICE IN IRAQ FROM 20080617 - 20090509";

	d.  providing him a document to show the above corrections.



      _______ _   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)                                         AR20110000817



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ABCMR Record of Proceedings (cont)                                         AR20110000817



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