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ARMY | BCMR | CY2011 | 20110002134
Original file (20110002134.txt) Auto-classification: Approved

		

		BOARD DATE:	28 July 2011

		DOCKET NUMBER:  AR20110002134 


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 and any additional medals and ribbons.

2.  The applicant states that he deployed to Iraq with his unit and the service is not listed on his DD Form 214.

3.  The applicant provides copies of:

* Permanent Orders, 162-1, Headquarters. 3d Armored Cavalry Regiment, dated 11 June 2003
* Memorandum for Record, Maintenance Troop, Support Squadron, 
3d Armored Cavalry Regiment, subject:  Permanent Orders 036-07, Deployment of Maintenance Troop, Support Squadron, 3d Armored Cavalry Regiment, Fort Carson, CO, dated 24 February 2003
* Permanent Orders 036-07, Headquarters, 7th Infantry Division, dated 
5 February 2003 
* Memorandum for Record, Headquarters, Support Squadron, 3d Armored Cavalry Regiment, subject:  Redeployment of PFC L____, R____, dated 22 July 2003										
* DA Form 638 (Recommendation for Award) for the period 19 March 2003 to 9 August 2003 


 CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 March 1997.  He completed training and he was awarded military occupational specialty 63H (Track Vehicle Repairer).

2.  His DA Form 2-1 (Personnel Qualification Record Part - II) shows in item 
9 (Awards, Decorations and Campaigns) the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Grenade Bar.

3.  On 30 November 2003, he was honorably released from active duty as a private first class/E-3.  He completed 6 years, 7 months, and 15 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* Item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service during his period of service

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Lapel Button
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

* Item 18 (Remarks) no entry reflecting deployment service

4.  The applicant's available records include:

     a.  Permanent Orders 226-32, Headquarters, 3d Armored Cavalry Regiment, dated 14 August 2003, awarding him the Army Commendation Medal for service during Operation Iraqi Freedom from 19 March 2003 through 8 August 2003, and

     b.  Permanent Orders 209-00010, Headquarters, Support Squadron,
3d Armored Cavalry Regiment, dated 28 July 2003, awarding him the Mechanic Badge [properly called the Driver and Mechanic Badge with Mechanic Bar] for the period 1 July 2002 through 30 June 2003.


5.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) for Kuwait from 9 April 2003 through
8 August 2003.

6.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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 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.  During his service in Iraq, the applicant participated in the following two campaigns:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states:

     a.  for item 12f (Foreign Service) enter the total amount of foreign service completed during the period covered by the DD Form 214. 

     b.  item 18 (Remarks) is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included. 

DISCUSSION AND CONCLUSIONS:

1.  His available records include orders for the Army Commendation Medal, the Driver and Mechanic Badge with Mechanic Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar. 

2. The available evidence shows he served a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars.


3.  His DD Form 214 should be corrected to show these awards. 

4.  Records show he was he was deployed in support of Operation Iraqi Freedom from 9 April 2003 through 8 August 2003 [4 months].  Therefore, this period of foreign service should be appropriately shown in item 12f and the period of deployment shown in item 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:

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:

     a.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Driver and Mechanic Badge with Mechanic Bar, and

    b.  changing the current entry in item 12f to read "4 months", and adding to item 18 the entry "Service in Kuwait/Iraq From 20030409 - 20030808."



      __________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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20110002134



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