IN THE CASE OF:	  

		BOARD DATE:  29 May 2012

		DOCKET NUMBER:  AR20110023830 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployment to Iraq.

2.  The applicant states that his DD Form 214 does not reflect his foreign service or his service in Iraq.

3.  The applicant provides a copy of his DD Form 214, a copy of a DA Form 31 (Request and Authority for Leave) for Rest and Recuperation leave, a copy of his leave and earnings statement, a copy of a counseling form, a copy of an out-processing checklist, a copy of a commander’s counseling checklist, a copy of his advancement to the pay grade of E-4 approval, and a copy of his deployment orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 August 2007 for a period of 4 years and 26 weeks, training as a track vehicle repairer, and a $20,000 enlistment bonus.  

2.  He completed his training and was transferred to Fort Bliss, Texas for assignment to the 4th Battalion, 6th Infantry Regiment.

3.  The applicant deployed with his unit to Iraq and he was advanced to the pay grade of E-4 on 7 August 2009.  He reenlisted in Iraq on 13 February 2010 for a period of 4 years, assignment back to Fort Bliss, and a selective reenlistment bonus (SRB).

4.  Information received from officials at the Defense Finance and Accounting Service (DFAS) indicates that the applicant received Hazardous Fire/Imminent Danger pay (HF/IDP) from 29 April 2009 – 23 March 2010 (10 months and 19 days of foreign service). 

5.  On 26 September 2011 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood.  He had served 4 years, 1 month and 20 days of active service.  His DD Form 214 issued at the time of his discharge reflects no foreign service in block 12f and no record of his deployment in block 18 (Remarks).  It shows that he was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.

6.  Army Regulation 600-8-22 (Military Awards) states 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are the:

* 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)
* Iraq Sovereignty (1 January 2009 – 31 December 2011)

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch at 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.  

8.  Army Regulation 635-5 (Personnel Separations - 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.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  block 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to have merit.  The applicant deployed to Iraq from 29 April 2009 through 23 March 2010.  He served in one campaign and served 10 months and 25 days of foreign service.  Accordingly, his deployment to Iraq should be reflected on his DD Form 214.

2.  Additionally, he is entitled to be awarded the Overseas Service Ribbon (OSR) for that overseas tour completion.

3.  The applicant served in one campaign and is entitled to the Iraq Campaign Medal with one bronze service star for his service and to have that 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:

1. 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: 

* Deleting the entry “0000  00  00” in block 12f of his DD Form 214
* Adding the entry “0000  10  25” in block 12f of his DD Form 214
* Adding the OSR to his DD Form 214
* Adding the ICM with one bronze service star to his DD Form 214
* Adding the entry “Service in Iraq from 20090429 through 20100323” to block 18 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20110023830





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ABCMR Record of Proceedings (cont)                                         AR20110023830



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