IN THE CASE OF:	  

		BOARD DATE:	    1 November 2011

		DOCKET NUMBER:  AR20110009970 


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 three tours of foreign service in Iraq.

2.  He states his DD Form 214 only shows he served in Iraq from 21 June to 26 August 2002; however, he did not complete basic combat training until 19 December 2002.  His periods of service in Iraq are as follows:

* first period – 21 March to 26 August 2003
* second period – 22 January 2005 to 16 December  2006
* third period – 1 May 2007 to 1 August 2008

3.  He provides his:

* Soldier Deployment History Out-processing Report
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  His record shows he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 21 June 2002.  He was released from DEP status on 
26 August 2002 and enlisted in the Regular Army on 27 August 2002.  After completion of training he served in military occupational specialty 19K (M1 Armor Crewman).

2.  His DD Form 214 shows he was honorably released from active duty on 15 December 2008 and transferred the U.S. Army Reserve Control Group (Reinforcement) for the completion of his Reserve service obligation.  This form also shows the following:

* item 12f (Foreign Service) – 0000 year(s), 00 month(s), 00 day(s)

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Commendation Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Action Badge
* Driver and Mechanic Badge with Track and Wheeled Vehicle Bars

* item 18 (Remarks) – “DELAYED ENTRY PROGRAM:  20020621-20020826” and  "SERVICE IN IRAQ 20050121-20060110"

3.  A query of his Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) revealed he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for a total of 2 years, 7 months, and 13 days for the following periods:

* 20030119-20030806
* 20050120-20051219
* 20070508-20080701 

4.  A review of his records shows he is entitled to additional awards which are not shown in his records.

5.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility (AOE) 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 ICM 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-to be determined)

6.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE or meet other specified criteria.

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

8.  According to the Awards Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour (rules 6 and 8 of 
table 3-2, Army Regulation 614-30 (Overseas Service), apply).

9.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.

	a.  The total amount of foreign service completed during the Soldier's continuous period of active service will be entered as "YYYY MM DD" in item 12f.

	b.  For item 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant misread item 18 of his DD Form 214.  This item shows he was in the DEP from 21 June to 26 August 2002 and not in Iraq.  

2.  DFAS confirmed he received HFP/IDP and CTZE for the following periods:

* 20030119-20030806
* 20050120-20051219
* 20070508-20080701

3.  In view of the foregoing, his DD Form 214 should be amended to show:

* item 12f – 0002 year(s), 07 month(s), and 13 day(s)
* item 18 – "SERVICE IN KUWAIT/IRAQ FROM 20030119-20030806, 20050120-20051219, and 20070508-20080701"

4.  His first period of service in Kuwait from 19 January to 18 March 2003 entitles him to award of the GWOTEM and to have this award added to his DD Form 214.

5.  Based on his foreign service in support of OIF in a designated area during the following campaigns, he is entitled to award of the ICM with four bronze service stars and to have this award added to item 13 of DD Form 214:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

6.  His service in Iraq also entitles him to award of the OSR with Numeral 2 and to have this award added to his DD Form 214.



BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 as follows:

	a.  deleting the current entries from item 12f and adding 0002 year(s), 07 month(s), and 13 day(s);

	b.  adding the following awards to item 13:

* GWOTEM
* ICM with four bronze service stars
* OSR with Numeral 2

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030119-20030806, 20050120-20051219, and 20070508-20080701" to item 18.




      _______ _  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)                                         AR20110009970



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ABCMR Record of Proceedings (cont)                                         AR20110009970



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