IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003843 


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 from 1 November 2006 to 31 January 2008.

2.  The applicant states his DD Form 214 does not reflect his 15-month tour of duty in Iraq.

3.  The applicant provides three pages titled "Eligibility Report."

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 12 May 2005 and he held military occupational specialty 92G (Food Service Specialist).  He was assigned to the 2nd Battalion, 8th Cavalry.

2.  Headquarters, Multi-National Division (Baghdad), Permanent Orders Number 073-152, dated 14 March 2007, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy in Iraq on 19 January 2007.

3.  Headquarters, 2nd Battalion, 8th Cavalry, Permanent Orders 322-012, dated 18 November 2007, issued by, awarded him the Driver and Mechanic Badge with Driver-W Bar for meritorious achievement during the period 16 November 2006 to 18 November 2007.

4.  He was honorably released from active duty on 26 November 2008 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years, 4 months and 16 days of creditable active service.

5.  Item 12f (Foreign Service) his DD Form 214 shows the entry "0000  00  00."  Item 18 (Remarks) of this form is void of any entry indicating he served in a hostile fire pay (HFP)/imminent danger pay (IDP) area during his service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Army Service Ribbon.

7.  An email from the Defense Finance and Accounting Service, dated 24 May 2011, confirmed the applicant received HFP/IDP for service in Kuwait/Iraq from 1 November 2006 to 17 January 2008.

8.  Army Regulation 635-5 (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.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered
* item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)"

9.  A review of his records indicates entitlement to additional awards.

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

11.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who 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, he participated in the following two campaigns:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Table 3-2, rules 6 and 9, states 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 receive credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait/Iraq from 1 November 2006 to 17 January 2008.  Therefore, he is entitled to correction of his DD Form 214 to show his service in Kuwait/Iraq and the dates of his service.

2.  Permanent orders awarded him the Combat Action Badge and the Driver and Mechanic Badge with Driver-W Bar which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  He served during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He served in Iraq during a qualifying period for award of the Iraq Campaign Medal and he participated in two campaigns during this period.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

5.  He served in Iraq for over 11 months, thereby successfully completing an overseas short tour of duty.  Therefore, he is entitled to the Overseas Service Ribbon and correction of his DD Form 214 to show this ribbon.

6.  With respect to his request for correction of his DD Form 214 to show his service in Iraq from 1 November 2006 to 31 January 2008, the evidence of record shows he served in Kuwait/Iraq from 1 November 2006 to 17 January 2008.  Therefore, he is not entitled to full 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 correction his DD Form 214 as follows: 

* deleting from item 12f the entry "0000  00  00"
* adding to item 12f the entry "0001  02  17"
* adding to item 13 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Device

* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20061101-20080117"

2.  The Board further determined 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 correcting his DD Form 214 to show he served in Iraq from correction 1 November 2006 to 31 January 2008.



      _________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)                                         AR20110003843



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ABCMR Record of Proceedings (cont)                                         AR20110003843



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