IN THE CASE OF:	  

		BOARD DATE:  10 May 2012

		DOCKET NUMBER:  AR20110016049 


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) for the period ending 31 October 2011 to show his deployment to Iraq.  He also requests award of the Iraq Campaign Medal (ICM).  

2.  He states:

* his current DD Form 214 shows service in Kuwait from 1 April 2002 to 1 January 2003, but it should reflect his time served in Iraq
* he initially deployed to Kuwait then he deployed to Iraq from 21 March to 5 October 2003

3.  He provides his DD Form 1351-2 (Travel Voucher or Subvoucher), deployment orders, and amendment orders.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 October 1991.  

2.  He was discharged from the Regular Army as an enlisted Soldier, effective 
24 January 2001.  His service record does not indicate he was issued a DD Form 214 which shows he served as an enlisted Soldier in the Regular Army from 
1 October 1991 through 24 January 2001.  

3. On 25 January 2001, he was appointed as a Reserve commissioned officer in the rank of second lieutenant.  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Orders 008-35-A-35, dated 8 January 2001, ordered him to active duty, effective 25 January 2001.  

4.  Department of the Army, U.S. Army Combined Arms Support Command and Fort Lee, VA Orders 246-00001, dated 12 December 2002 show his unit, Headquarters and Headquarters Company, 49th Quartermaster Group, Fort Lee, VA, was deployed in support of Operation Enduring Freedom with an effective date of 9 January 2003 for a period not to exceed 179 days.  His name was listed on the by-name roster.  Permanent Orders 183-0001, dated 2 July 2003 amended the number of days to indicate “duration of deployment to be determined.”

5.  He received two Officer Evaluation Reports for the periods covering 23 November 2002 through 12 October 2003 and 13 October 2003 through 31 May 2004 which indicate he was deployed in support of Operation Iraqi Freedom (OIF) during these periods.    

6.  He provided his DD Form 1351-2, dated 23 October 2003, which indicates he traveled to Kuwait and Iraq in 2003 on the following dates:

* Kuwait from 10 January to 21 March
* Iraq from 21 March to 5 October
* Kuwait from 5 October to 17 October

7.  Department of the Army, U.S. Army Combined Arms Support Command and Fort Lee, Orders 126-0511, dated 5 May 2004, reassigned the applicant to the Transition Center at Fort Lee, VA for transition processing.  His date of release from active duty was listed as 5 June 2004.

8.  On 5 June 2004, he was released from active duty and transferred to a Reserve unit.  He was issued a DD Form 214 for the period ending 5 June 2004 which includes his enlisted and commissioned service on the same discharge document.  

9.  Item 12f (Foreign Service) of his DD Form 214 the period ending 5 June 2004 indicates he completed 9 months and 21 days of foreign service and item 18 (Remarks) shows he served in:

* Somalia from 5 April 1992 to 15 June 1994
* Bosnia from 5 October to 15 December 1994


* Southwest Asia from 8 January to 28 October 2003
* Designated imminent danger pay area Kuwait/Iraq

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 for the period ending 5 June 2004 shows, in part, award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Global War on Terrorism Service Medal (GWOTSM).  

11.  On 6 June 2004, he was ordered to active duty in the Active Guard Reserve program.  At the completion of sufficient service, he was retired on 31 October 2011.  On the following day, he was transferred to the USAR Control Group (Retired Reserve).  

12.  Item 12f of his DD Form 214 for the period ending 31 October 2011 shows he completed 1 year and 1 month of foreign service and item 18 shows he served in Kuwait from 1 April 2002 to 1 January 2003. 

13.  Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 10 January through 26 August 2003 and from 8 September through 18 October 2003.  

14.  In an email, dated 13 March 2012, the applicant informed a member of the Board's staff he was deployed to Kuwait/Iraq from 8 January to October 2003.  

15.  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 a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession in item 18:  

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

	c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

16.  Army Regulation 600-8-22 (Military Awards) states the ICM 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 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-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his current DD Form 214 for the period ending 31 October 2011 shows he served in Kuwait, but it should show he served in Iraq.   

2.  His DD Form 214 for the period 5 June 2004 properly reflects his service in Southwest Asia from 8 January through 28 October 2003 and that he served in a designated IDP area (Kuwait and Iraq).  It also erroneously shows deployments from a previous period of active duty.

3.  Based on Army Regulation 635-5, the DD Form 214 reflects only the foreign service completed during the period covered by the report.  Therefore, his deployment to Kuwait/Iraq should not be recorded on his DD Form 214 for the period ending 31 October 2011.  

4.  He was subsequently ordered to active duty on 6 June 2004 and served until he was retired on 31 October 2011.  However, his retirement DD Form 214 erroneously reflects he served in Kuwait from 1 April 2002 to 1 January 2003.  It has long been an unwritten policy of the Board that an applicant will not be made worse off than when the applicant applied to the Board.  For this reason, the Board will not take any action to delete this period of foreign service from item 18 of his retirement DD Form 214.  

5.  His DD Form 1351-2 indicates he served in Kuwait from 10 January to 21 March 2003 and from 5 October to 17 October 2003 and in Iraq from 21 March to 5 October 2003.  In addition, his military pay records and statements in his 13 March 2012 email indicate he deployed to Kuwait/Iraq from 10 January through 26 August 2003 and from 8 September through 18 October 2003.

6.  Based on his service in Iraq in support of OIF he is eligible for award of the ICM with two bronze service stars.  

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.  amending his DD Form 214 for the period ending 5 June 2004 by adding the ICM with two bronze service stars to item 13; and 

	b.  amending his DD Form 214 for the period ending 31 October 2011 by adding the ICM with two bronze service stars to item 13.



      _______ _  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)                                         AR20110016049



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ABCMR Record of Proceedings (cont)                                         AR20110016049



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