IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110001458


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:

* his service in support of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF)
* missing awards for service in OIF and OEF 

2.  The applicant states, in effect, his DD Form 214 does not state he is a veteran of OIF, in which he served between 13 March 2007 and 8 June 2008.  He states that item 12f (Foreign Service) of his DD Form 214 does not properly show his overseas service.  He concludes by stating that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not properly show his awards and decorations for his service in OIF and OEF.

3.  The applicant provides his DD Form 214 and a Department of Veterans Affairs (VA) Eligibility Report, dated 31 March 2010 (page 1 of 3).

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army, for a term of    3 years and 18 weeks, on 26 June 2006.  He completed training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  Upon his completion of training, he was assigned to the 40th Transportation Company, Fort Lewis, WA.

2.  On 18 December 2008, he was discharged from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, and given an under other than honorable characterization of service.  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E4.  His DD Form 214 shows he was credited with 2 years, 5 months, and 23 days of active service.  

a. Item 12f does not shows the completion of any foreign service

b. Item 13 of his DD Form 214 shows:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge with Driver – Wheeled Vehicle clasp

   c. Item 18 (Remarks) does not show his participation in named operations or operational deployments.

3.  The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for Kuwait from 19 March 2007 through 6 June 2008.

4.  His available service record is void of any documentation showing he was deployed in support of OIF or OEF.

5.  He provides a VA Eligibility Report, dated 31 March 2010, which shows his total period of service from 26 June 2006 through 18 December 2008, and his period of deployed service from 1 March 2007 through 30 June 2008.  This form shows his deployment location as Kuwait, and does not specify which named operation he deployed in support of.

6.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 
	

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  

   a. Paragraph 2-4h(12)(f) states that 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. Paragraph 2-4h(13) states that item 13 of the DD Form 214 lists 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.

	b.  Paragraph 2-4h(18) states that item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  It further 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 YYYYMMDD-YYYYMMDD."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was deployed to Kuwait during the period 19 March 2007 through 6 June 2008; therefore, he is entitled to correction of his DD Form 214 to show:

* in item 12f, 1 year, 2 months, and 18 days of foreign service
* in item 13, the GWOTSM 
* in item 18, Service in Kuwait from 20070319 – 20080606   

2.  The applicant contends he deployed in support of Operations Iraqi Freedom and Enduring Freedom, respectively.  The evidence of record does not support his contention.  Barring specific evidence showing dates and locations of deployments outside of Kuwait, there is insufficient evidence to grant the requested relief.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  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 partial 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 "0001-02-18"
* amending item 13 of his DD Form 214 to add the GWOTSM
* amending item 18 of his DD Form 214 to show "Service in Kuwait from 20070319 – 20080606"   

2.  The Board further determined 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 further corrections of his DD Form 214 pertaining to service in Iraq or Afghanistan.




      _______ _   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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20110001458



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