BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110024272 


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:

	a.  amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his dates of deployment to Iraq,

	b.  amendment of his DD Form 214 to add the "AEM" and Combat Action Badge, and 

	c.  an upgrade of his general discharge to honorable.

2.  The applicant states:

* at the time of his discharge the paperwork was rushed and these important facts were left off his DD Form 214
* he performed combat duties in Iraq from May 2007 to June 2008 and his deployment is not stated on his DD Form 214
* he attempted to receive medical attention from the Department of Veterans Affairs but was turned away because of the missing information

3.  The applicant provides:

* Dragon Alpha Roster for Redeployment
* DD Form 214
* discharge orders

CONSIDERATION OF EVIDENCE:

1.  The applicant requests an upgrade of his general discharge to honorable.  However, Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-5, the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available.  In order to exhaust administrative remedies available to the applicant, his case will be forwarded to the Army Discharge Review Board for consideration.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

2.  The applicant enlisted in the Regular Army on 8 June 2006 for a period of 3 years and 18 weeks.  He completed training and was awarded military occupational specialty 19D (cavalry scout).  On 5 November 2009, he was discharged under honorable conditions (general) for misconduct.

3.  His DD Form 214 shows in:
	a.  item 12f (Foreign Service) the entry "0000  00  00";

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* Army Service Ribbon

	c.  item 18 (Remarks) no entry for deployed service.

4.  Permanent Orders Number 317-027, dated 13 November 2007, show he was awarded the Combat Action Badge on 21 June 2007 in Iraq.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 11 May 2007 through 30 June 2008 (1 year, 1 month, and 19 days).

6.  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.  The instructions provide that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18, for an active duty Soldier deployed 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)"

7.  Army Regulation 600-8-22 (Military Awards) does not show the "AEM" as an authorized award.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) is awarded to members who served in direct support of Operation Iraqi Freedom.  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 31 December 2011.  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 2010-31 December 2011)

9.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) 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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

10.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.



DISCUSSION AND CONCLUSIONS:

1.  The DFAS information is accepted as sufficient evidence on which to amend items 12f and 18 of his DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 1 year, 1 month, and 19 days of foreign service and item 18 should be corrected to show he served in Kuwait/Iraq from 11 May 2007 through 30 June 2008.

2.  Since Army Regulation 600-8-22 does not show the "AEM" as an authorized award, there is no basis for granting the applicant's request to add the "AEM" to his DD Form 214.

3.  Permanent orders show he received the Combat Action Badge.  His DD Form 214 should be corrected to show this badge.

4.  Based on his service in Iraq, he is entitled to the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  He served a period of qualifying service for the GWOTSM and NDSM.  His DD Form 214 should be corrected to show these medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_x______  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "0001  01  19";

	b.  adding the Combat Action Badge, ICM with two bronze service stars, GWOTSM, and NDSM to item 13 of his DD Form 214; and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20070511-0080630" to item 18 of his DD Form 214.

2.  The Board further determined 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 adding the "AEM" to his DD Form 214.



      ___________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)                                         AR20110024272



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ABCMR Record of Proceedings (cont)                                         AR20110024272



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