BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008302 


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 to show his deployment to Afghanistan and to amend his deployment dates to Iraq from 5 November 2006 to 3 March 2007 to approximately 1 December 2007 to 13 September 2008.  

2.  He does not provide any additional statements.  

3.  He provides no additional documents.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 May 2004.  

2.  Orders published on 27 November 2007 show his unit, Company A, 2nd Battalion, 30th Infantry Regiment, 4th Brigade, 10th Mountain Division, Fort Polk, LA was deployed to Iraq in support of Operation Iraqi Freedom with a reporting date of on or about 28 November 2007 for a period of 455 days.

3.  He was discharged on 10 February 2009.  His DD Form 214 shows in:

* item 12f (Foreign Service) - he completed 3 months and 29 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - he was awarded the Iraqi Campaign Medal with one campaign star [properly known as bronze service star] for deployment to Iraq
* item 13 – he didn't receive any awards for deployment to Afghanistan
* Item 18 (Remarks) – the entry "SERVICE IN IRAQ 20061105-20070303"

4.  His service record does not include evidence which shows he deployed to Afghanistan.

5.  In a 23 June 2011 email, the Defense Finance and Accounting Service (DFAS) indicated the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in:

* Afghanistan from 9 November 2006 through 25 February 2007 (a period of 3 months and 17 days)
* Kuwait from 30 November 2007 through 30 September 2008 (a period of 10 months and 1 day)

6.  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.  

   a.  It states that 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 in item 18.  

	b.  It directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  

7.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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-date to be determined)

8.  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.  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-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he deployed to Afghanistan and served in Iraq from approximately 1 December 2007 to 13 September 2008.  

2.  His pay records at DFAS indicate he received HF/IDP and CZTE for the periods 9 November 2006 through 25 February 2007 for service in Afghanistan and from 30 November 2007 through 30 September 2008 for service in Kuwait/Iraq; for a total of 1 year, 1 month, and 18 days of foreign service.  Therefore, he is entitled to correction of item 12f of his DD Form 214.  

3.  Orders published on 27 November 2007 show he deployed to Iraq in support of Iraqi Freedom on or about 28 November 2007.  However, his DD Form 214 incorrectly shows he served in Iraq from 5 November 2006 to 3 March 2007.  His DD Form 214 also shows he was awarded the Iraq Campaign Medal with one bronze service star for his deployment to Iraq in support of Operation Iraqi Freedom.  

4.  He served a period of qualifying service for award of the Afghanistan Campaign Medal with one bronze service star.

5.  His military pay records combined with his personal statements and deployment orders are accepted as sufficient evidence as a basis to amend his DD Form 214 to show he served in Afghanistan from 9 November 2006 through 25 February 2007 (a period of 3 months and 17 days) and in Iraq from 30 November 2007 through 30 September 2008 (a period of 10 months and 1 day).

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry "0000 03 29" from item 12f and replacing it with the entry “0001 01 18”;

	b.  deleting the entry "SERVICE IN IRAQ 20061105-20070303"; 

	c.  adding the Afghanistan Campaign Medal with one bronze service star to item 13; and 

	d.  amending item 18 to add the entries, “SERVICE IN AFGHANISTAN FROM 20061109-20070225” and SERVICE IN “KUWAIT/IRAQ FROM 20071130-20080930."




      _______ _ 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)                                         AR20110008302





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ABCMR Record of Proceedings (cont)                                         AR20110008302



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