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ARMY | BCMR | CY2011 | 20110002171
Original file (20110002171.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110002171 


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 all associated awards and decorations. 

2.  The applicant states he served in Iraq in support of Operation Iraqi Freedom (OIF) in 2003.  Upon redeployment, he had no one to correctly fill out the 
DD Form 214.  His unit was still in Iraq when he redeployed.  

3.  The applicant provides:

* DD Form 214 for the period ending on 10 August 1999
* DD Form 214 for the period ending on 5 March 2004
* DD Form 214 for the period ending on 29 June 2006
* Orders 049-02 (assignment orders)
* Memorandum authorizing redeployment
* Recommendation and citation for award of the Meritorious Unit Commendation

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he initially enlisted in the Texas Army National Guard (TXARNG) on 14 October 1998.  He entered active duty for training (ADT) on 27 January 1999 and completed training for military occupational specialty 31U (Signal Support Systems Specialist).  He was honorably released from ADT on 10 August 1999.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) for this period shows the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  He was discharged from the TXARNG on 5 January 2000 and subsequently enlisted in the Regular Army on 6 January 2000.  He served in Germany with the 165th Military Intelligence (MI) Battalion.  

3.  On 18 February 2003, Detachment D, 55th Personnel Services Battalion, published Orders 049-02 ordering the applicant and other members of the 165th MI Battalion reassigned to the 205th MI Brigade, in support of Operation Vanguard Shield, for a period of 179 days, effective on or about 4 March 2003. 

4.  On 22 November 2003, Headquarters, 205th MI Battalion, Sustainer Army Airfield, Iraq, authorized the applicant early departure from the U.S. Central Command area of responsibility back to Germany, effective 1 December 2003, to outprocess for separation.  

5.  On 5 March 2004, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.  

6.  The DD Form 214 he was issued for this period shows the following entries:

   a.  block 12f (foreign service) he completed 4 years, 1 month, and 14 days.

   b.  block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

   
c.  block 18 (Remarks) does not show service in any hostile fire/imminent danger pay (HF/IDP) area.

7.  An email, dated 5 May 2011, from the Defense Finance and Accounting Service (DFAS) confirms the applicant received HF/IDP and Combat Zone Tax Exclusion for service in Kuwait/Iraq from 5 March through 5 December 2003.

8.  He enlisted in the TXARNG on 15 May 2004.  He was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Afghanistan from 7 May 2005 to 6 May 2006. 

9.  The DD Form 214 he was issued for this period shows he completed 1 year, 
3 months, and 23 days of creditable active service, of which 1 year was foreign service.  Additionally, this form shows the following entries:

   a.  block 12f he completed 1 year of foreign service.
   
   b.  block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Armed Forces Reserve Medal with "M" Device

   c.  block 18 shows he served in an HF/IDP area, Afghanistan, from 7 May 2005 to 6 May 2006.

10.  On 5 August 2005, by memorandum, the U.S. Army Human Resources Command, Alexandria, VA (HRC-ALX), awarded the 165th MI Battalion the Meritorious Unit Commendation for meritorious performance in support of OIF from 19 March 2003 to 20 February 2004.

11.  He was ultimately honorably discharged from the ARNG on 29 September 2006. 


12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

	a.  block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  block 13 show awards and decorations for all periods of service.

	c.  block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered.

13.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Global War on Terrorism Service Medal 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, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  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.  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)

	c.  Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  With respect to his DD Form 214 for the period ending on 5 March 2004:  

	a.  He served in Germany during his Regular Army service.  He and other Soldiers of his unit were ordered to deploy in support of Operation Vanguard Shield on or about 15 March 2003.  His brigade commander authorized him early departure from Iraq on 1 December 2003.  These dates are consistent with his pay records which show he received HF/IDP for service in Kuwait/Iraq from 
5 March through 5 December 2003.  

	b.  Therefore, he is entitled to correction of this DD Form 214 to show his service in Kuwait/Iraq from 5 March to 5 December 2003.  

	c.  Additionally, he would have been entitled to award of the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars to designate his participation in two campaigns, and correction of this DD Form 214 to show these awards. 

	d.  Furthermore, after he was released from active duty in 2004, HRC-ALX awarded his unit in Iraq (the 165th MI Battalion) the Meritorious Unit Commendation for meritorious performance in support of OIF from 19 March 2003 to 20 February 2004.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 


2.  His DD Form 214 for the period ending on 29 June 2006 should be corrected to show he was awarded the Afghanistan Campaign Medal.  He also participated in one campaign during his service in Afghanistan.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal.  This form should also be corrected to add all the awards that he was previously awarded, including the Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and all the awards stated in paragraph 1(c) and 1(d) above. 

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.  adding to item 13 of his DD Form 214, dated 5 March 2004, the:

* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Meritorious Unit Commendation

	b.  adding to item 18 of his DD Form 214, dated 5 March 2004, the entry "Service in Kuwait/Iraq 20030305 - 20031205."

	c.  adding to item 13 of his DD Form 214, dated 29 June 2006, the:

* Iraq Campaign Medal with one bronze service star
* A bronze service star to be worn on his already-awarded Afghanistan Campaign Medal
* Global War on Terrorism Service Medal
* Meritorious Unit Commendation
* 
Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar




      _______ _   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)                                         AR20110002171



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110002171



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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