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ARMY | BCMR | CY2011 | 20110003578
Original file (20110003578.txt) Auto-classification: Approved

		

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110003578 


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 4th deployment to Iraq and an additional award of the Overseas Service Ribbon.

2.  The applicant states the above items were omitted from his DD Form 214.

3.  The applicant provides a copy of his deployment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a second lieutenant in the U.S. Army Reserve.  On 12 June 2003, he entered active duty.  He was promoted to captain, pay grade O-3, Engineer Corps, on 1 July 2006.

2.  Orders 363-56, Fort Myer, VA, dated 29 December 2009, as provided by the applicant, indicate that he was deployed in support of Operation Iraqi Freedom for a period of 365 days commencing on or about 2 January 2010.

3.  Defense Finance and Accounting Service (DFAS) records indicate the applicant received hazardous fire and imminent danger pay for the period 
1 January 2010 through 31 January 2011 for duty in Kuwait/Iraq [1 year and 
1 month].



4.  On 1 May 2011, the applicant was honorably discharged.  He had completed 7 years, 10 months, and 20 days of creditable active service during this period.

5.  The applicant's DD Form 214 shows in:

	a.  Item 12f (Foreign Service): 3 years, 7 months.

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

* Bronze Star Medal (2nd Awards)
* Army Commendation Medal (5th Award)
* Purple Heart
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation (3rd Award)
* Valorous Unit Award
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Sapper Tab
* Combat Action Badge
* Air Assault Badge

	c.  Item 18 (Remarks):

* Service in Iraq 20040401-20050330 [1 year]
* Service in Iraq 20060427-20060926 [5 months]
* Service in Iraq 20071021-20081120 [1 year, 1 month]

6.  Army Regulation 600-8-22 (Military Awards):

	a.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  

	b.  The Army Lapel Button is a gratuitous issue and the eligibility requirements are:

* transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate
* transitioning under a non-adverse separation provision
* having served a minimum 9 months continuous service - a break in service is 24 hours or more
* having had active Federal service on or after 1 April 1984

7.  Army Regulation 614-30, Tables 3-2, rules 6 and 8, provide that Iraq is considered an isolated area where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show a 4th deployment to Iraq and award of an additional Overseas Service Ribbon.

2.  Item 12f of the applicant's DD Form 214 shows he served in Iraq a total of 
3 years and 7 months.  However, Item 18 of this form currently shows only the first three of the following four deployments:

* Served in Iraq from 20040401-20050330 [qualified for an Overseas Service Ribbon]
* Served in Iraq from 20060427-20060926 [did not qualify for Overseas Service Ribbon]
* Served in Iraq from 20071021-20081120 [qualified for Overseas Service Ribbon
* Served in Kuwait/Iraq from 20100101-20110131 [qualified for Overseas Service Ribbon]

3.  The available evidence shows the applicant served three qualifying periods for award of the Overseas Service Ribbon.  His DD Form 214 currently reflects three awards of this ribbon.  Therefore, this portion of his request should be denied.
4.  The available evidence shows the applicant was deployed to Kuwait/Iraq 
from 1 January 2010-31 January 2011.  Therefore, this period of service should be shown in Item 18 of his DD Form 214.

5.  The applicant met the qualifications for issuance of the Army Lapel Button.  This button should be issued to him and added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x__  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  adding the Army Lapel Button to Item 13 of his DD Form 214; and

	b.  adding in Item 18 "SERVICE IN KUWAIT/IRAQ FROM 20100101 TO 20110131."

2.  The Board further determined that the evidence presented is 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 adding an additional Overseas Service Ribbon to his DD Form 214.




      _______ _ 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)                                         AR20110003578



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ABCMR Record of Proceedings (cont)                                         AR20110003578



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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