IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022249 


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 that his service in Iraq be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states that his DD Form 214 does not show he served as a Platoon Leader, 1st Platoon, Delta Company, 2nd Battalion, 69th Armor Regiment at Camp Rustamiyah, Iraq from 9 March 2007 through 13 May 2008. 

3.  The applicant provides copies of his DD Form 214 and his deployment orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 14 March 2003 under the United States Army Officer/Warrant Officer Enlistment Program, Delayed Entry, College First Option.  

2.  He was commissioned a 19A (Armor, General) second lieutenant on 3 March 2005 and entered active duty that date, with promotion to first lieutenant effective 18 February 2007. 

3.  Headquarters, 3rd Infantry Division Permanent Orders 24-8, dated 14 February 2007, assigned the applicant's unit to the 1st Cavalry Division, effective 9 March 2007, for deployment to Iraq. 

4.  His pay record shows he received Hostile Fire/Imminent Danger Pay in Kuwait/Iraq from 12 March 2007 through 14 March 2008.
5.  A general court-martial found the applicant guilty of three charges related to incidences surrounding the buying and selling of alcohol in a combat environment.  The adjudged sentence on 15 March 2008 was confinement for 18 months, a fine of $2,500.00, and dismissal from the service.  

6.  On 13 May 2008, the court-martial convening authority approved a sentence of confinement for 6 months, a fine of $2,500.00, and dismissal from the service.  He also credited the applicant with 46 day of confinement toward his confinement sentence.

7.  The record does not include any reference to where the applicant served his sentence.

8.  The United States Army Court of Criminal Appeals affirmed the findings and sentence on 11 August 2008.

9.  The applicant was dismissed from the service on 25 August 2009.

10.  His DD Form 214 does not have entries at 12c (Net Active Service this Period), 12f (Foreign Service), 13 (Decorations, Medals, Badges, and Campaign Ribbons Awarded or Authorized), or 18 (Remarks).  It does show, at item 28, he had lost time from 15 March 2008 through 27 June 2008 (3 months, 13 days).

11.  The available record does not include an Officer Record Brief.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and provides the following at:

	a.  12c, the amount of service this period, computed by subtracting item 12a from 12b.  Any lost time under 10 USC 972 is deducted from this figure;

	b.  12f, enter the total amount of foreign service completed during the period covered in block 12c;

	c.  13, list all awards and decorations awarded or authorized for all periods of service in the priority sequence specified and abbreviations are not to be used; and 

	d.  18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

13.  Army Regulation 600-8-22 (Military Awards) sets forth the policy and procedures for award of military awards and decorations.  It provides:

	a.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined;

	b.  the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM; and

	c.  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.  The applicant served in Iraq during the Iraqi Surge (10 January 2007 - 31 December 2008) campaign period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's period of active military service commenced on 3 March 2005 and ended on 25 August 2009, a period of 4 years, 5 months and 23 days.  Subtracting from this period his 3 months and 13 day of lost time gives him a period of 4 years, 2 months, and 10 days of creditable service.  This period should have been entered at item 12c of his DD Form 214. 

2.  The applicant had creditable foreign service in Iraq from 12 March 2007 through 14 March 2008 (the day before his court-martial and what appears to be confinement).  While he may have been actually in country following the date of his court-martial, this additional time is not creditable for entry at item 12f.  
3.  He did have a period of 1 year and 3 days of creditable foreign service that should have been entered at item 12f; however, this was not done.  The record does not contain and the applicant has not provided any evidence that his period of foreign service exceeds the dates shown above.

4.  The applicant served during the period for which the National Defense Service Medal and the Global War on Terrorism Service Medal are authorized; however, neither of these medals are included on his DD Form 214.  

5.  The applicant served in Iraq during one campaign period and is authorized award of the Iraq Campaign Medal with one bronze service star.  This award is not recorded in his available record.

6.  The mandatory entry "SERVICE IN IRAQ FROM 20070312 - 20080314" was omitted from item 18 on the DD Form 214.

7.  Based on the above facts and findings the applicant's DD Form 214 should be corrected as follows at:

	a.  item 12c, by adding "04 02 10";

	b.  item 12f, by adding "01 00 03";

	c.  item 13, by deleting the word "NONE" and adding "National Defense Service Medal//Global War on Terrorism Service Medal//Iraq Campaign Medal with one bronze service star//”; and 

	d.  item 18, by deleting the word "NONE" and adding "SERVICE IN IRAQ FROM 20070312 - 20080314."

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 the DD Form 214 at:

	a.  item 12c, by adding "04 02 10";

	b.  item 12f, by adding "01 00 03";

	c.  item 13, by deleting the word "NONE" and adding "National Defense Service Medal//Global War on Terrorism Service Medal//Iraq Campaign Medal with one bronze service star//”; and 

	d.  item 18; by deleting the word "NONE" and adding the "SERVICE IN IRAQ FROM 20070312 - 20080314."

2.  The Board further determined that the evidence presented is 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 showing foreign service in excess of 12 March 2007 through 14 March 2008.



      _______ _   _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)                                         AR20110022249





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ABCMR Record of Proceedings (cont)                                         AR20110022249



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