IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015717
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 his second deployment to Iraq from 8 September 2009 to 30 May 2010 be entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 April 2011. He also requests to change the dates of his first deployment in Iraq to show he was deployed 2 March 2004 to 13 March 2005 instead of 2 March 2004 to 13 March 2004.
2. He states his first deployment to Iraq was for 1 year and not 11 days. When he initially reviewed his DD Form 214, he did not notice that his second deployment to Iraq had been omitted.
3. He provides:
* His DD Form 214
* Deployment orders
* Award certificates
* His Enlisted Record Brief (ERB)
CONSIDERATION OF EVIDENCE:
1. He retired on 30 April 2011 and was placed on the Retired List the following day. Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* Bronze Star Medal (2nd Award)
* Meritorious Service Medal
* Army Commendation Medal (5th Award)
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Noncommissioned Officer Professional Development Ribbon (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon (5th award)
* Kuwait Liberation Medal (Saudi)
* Kuwait Liberation Medal (Kuwait)
* Combat Action Badge
* Driver and Mechanic Badge with Mechanic Bar
2. Item 18 (Remarks) contains the entry "SERVICE IN SWA (Southwest Asia) 19910215 19910414 "SERVICE IN IRAQ 20040302 20040313."
3. Headquarters, 1st Cavalry Division, Fort Hood, TX Permanent Orders 22-01, dated 22 January 2004, ordered his unit to deploy in support of Operation Iraq Freedom (OIF), to proceed on or about 17 February 2004.
4. Headquarters, 13th Sustainment Command (Expeditionary), Fort Hood, TX, dated 2 September 2009, ordered him to deploy in support of Operation Iraq Freedom (OIF). He was ordered to proceed on or about 8 September 2009.
5. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Kuwait from the following periods:
* 20040303 20050313
* 20090910 20100528
6. Item 12f (Foreign Service) of his DD Form 214 shows he served 0006 01 28 (6 years, 1 month, and 28 days) of overseas service.
7. Section I (Assignment Information) of his Enlisted Record Brief shows he served in Germany during the following periods:
* 19910706 19930622
* 19940824 19970822
* 19970823 20000924
8. 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 include: Iraqi Sovereignty (1 January 2009-date to 31 December 2011).
9. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The information received from DFAS is sufficient to show his two deployments to Iraq were from 20040303 20050313 and 20090910 20100528. Therefore, the deployment entry on his DD Form 214 should be amended to show IRAQ 20040303 20050313 and 20090910 20100528.
2. The evidence of record shows the applicant served three tours of duty in Germany, had two deployments in Iraq, and one deployment to Saudi Arabia for a total of 0009 11 18 (9 years, 11 months, and 18 days). Therefore, item 12f of his DD Form 214 should be amended to show his total foreign service.
3. Based on his second tour of duty in Iraq, he is authorized the Iraq Campaign Medal with one bronze service star. Therefore, item 13 of his DD Form 214 should be amended to show this award.
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 amending his DD Form 214 as follows:
a. Item 12f amend to show he served 0009 11 18 (9 years, 11 months, and 18 days);
b. Item 13 - amend to add the Iraq Campaign Medal with one bronze service star; and
c. Item 18 - amend to read SERVICE IN IRAQ 20040303 20050313 and 20090910 20100528.
2. The Board further determined that the evidence presented was 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 any change to his two tours in Iraq in excess of the above.
_______ _ _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) AR20110015717
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ABCMR Record of Proceedings (cont) AR20110015717
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