IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110009193 


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 he served in Iraq from 10 July to 5 December 2007.  

2.  He states, in effect, item 18 (Remarks) of his DD Form 214 was corrected to show service in Kuwait from 10 July to 5 December 2007, but he would like it changed to show he served in Iraq during this period.  

3.  He provides his temporary change of station (TCS) orders, a Post-Deployment Health Assessment, and a Post-Deployment Health Reassessment.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 November 2006.  

2.  Orders Number 171-03, dated 20 June 2007, show the 3d Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX, was deployed in a TCS in support of Operation Iraqi Freedom, effective 23 June 2007.  The by-name roster is not available.  

3.  He provided a Post-Deployment Health Assessment, dated 13 December 2007, in which he indicated he arrived in-theater on 10 July 2007 and was mainly in Iraq (Baquhabah).  He departed the theater on 9 December 2007.

4.  He provided a Post-Deployment Health Reassessment, dated 15 May 2008, in which he indicated he was deployed to Iraq in support of Operation Iraqi Freedom (OIF). 

5.  He was discharged on 24 November 2008.  

6.  His DD Form 214 does not show any foreign service in items 12f (Foreign Service) or 18 (Remarks).  

7.  Information obtained from the Defense Finance and Accounting Service (DFAS) revealed he received Imminent Danger Pay (IDP)/Hostile Fire Pay (HFP) and a Combat Zone Tax Exclusion (CZTE) from 10 July 2007 through 5 December 2007 for service in Kuwait.

8.  On 19 October 2009, he applied to this Board for correction of his DD Form 214 to show in:

* item 11 (Primary Specialty) – “11B1O – INFANTRYMAN 1 YR 9 MOS”
* item 12f – “0000 06 07”

9.  As a result of his 19 October 2009 case, he was issued a DD Form 215, dated 15 June 2010, which corrected his DD Form 214 by amending:  

* item 12f to show the entry "0000  04  26"
* item 18 to show the entry “SERVICE IN KUWAIT FROM 20070710 – 20071205”

10.  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 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.  

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of 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’s DD Form 214, as amended, currently reflects he served in Kuwait from 10 July to 5 December 2007.  

2.  His military pay records show he received HFP/IDP and CZTE for the period 10 July 2007 through 5 December 2007 for service in Kuwait.  However, he completed Post-Deployment Health Assessment/Reassessment indicating he was deployed to Iraq.  Additionally, DFAS entries routinely show Kuwait as the country of deployment because it was the primary point of embarkation and debarkation for Soldiers deployed in support of OIF even though they actually served in Iraq.  

3.  The applicant’s health assessments along with his personal statements are accepted as sufficient evidence to correct his DD Form 214 to reflect he served in Iraq from 10 July to 5 December 2007, a period of 4 months and 26 days.  

4.  Therefore, it would be appropriate to void the DD Form 215, dated 15 June 2010, and issue him a new DD Form 215 to correct his DD Form 214 by amending:  

* item 12f to show the entry “0000  04  26"
* item 18 by adding the entry “SERVICE IN KUWAIT/IRAQ FROM 20070710 – 20071205”

5.  As a related issue, the applicant’s foreign service in Iraq from 10 July to 5 December 2007 is sufficient as a basis to award him the Iraq Campaign Medal with one bronze service star.  



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.  voiding the DD Form 215, dated 15 June  2010; and 

	b.  issuing him a new DD Form 215 to correct his DD Form 214 by amending:

		(1)  item 12f to show the entry “0000 04 26";

		(2)  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) to show award of the Iraq Campaign Medal with one bronze service star; and

		(3)  item 18 by adding the entry “SERVICE IN KUWAIT/IRAQ FROM 20070710 – 20071205.”




      _______ _   _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)                                         AR20110009193



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ABCMR Record of Proceedings (cont)                                         AR20110009193



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