IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20110024584 


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 dates of service in Iraq in 2003 be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 December 2003.

2.  The applicant states:

* He volunteered as a National Guardsman for operations in Iraq
* He initially served in Kuwait and then went to Iraq
* His Officer Evaluation Report (OER), Bronze Star Medal citation, and pay records reflect he was in Iraq
* Upon demobilizing he was not provided out-processing and he did not receive a DD Form 214
* As his initial 179-day orders were ending he requested an extension and was granted an additional 90 days     

3.  The applicant provides: 

* Active duty orders
* OER
* Bronze Star Medal citation
* Letter, dated 1 December 2003, from his senior supervisor
* Pay records



CONSIDERATION OF EVIDENCE:

1.  The applicant was ordered to active duty from the Army National Guard on 
20 March 2003 in support of Operation Enduring Freedom.  He was released from active duty on 13 December 2003. 

2.  His DD Form 214 for the period ending 13 December 2003 shows in:
	a.  item 12f (Foreign Service) the entry "0000  03  07";

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

* Meritorious Service Medal (3rd Award)
* Army Commendation Medal (9th Award)
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device

	c.  item 18 (Remarks) the entry "SERVICE IN IRAQ 20030918-20031210."

3.  His OER covering the period 20 March through 13 December 2003 shows his unit was assigned to Baghdad, Iraq.  This report states he arrived in Baghdad, Iraq on 12 April 2003.

4.  He provided active duty orders, dated 10 September 2003, which show:

* he was attached to a unit in Baghdad, Iraq
* he was ordered to active duty on 15 September 2003 for a period of 
90 days for duty in Baghdad, Iraq
* the end date was 13 December 2003

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 17 April through 14 September 2003.  

6.  He subsequently served on active duty during the period 2006 to 2012. 



7.  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 regulation provides 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 a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.

* Ordered to active duty in support of (operation name) per 10 USC (applicable section)
* Service in (name of country deployed) from (inclusive dates for example, YYYMMDD - YYYMMDD)
* Soldier completed period for which ordered to active duty for purpose of post-service benefits and entitlements

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his dates of service in Iraq in 2003 are incorrect on his DD Form 214 for the period ending 13 December 2003.



2.  His DD Form 214 for the period ending 13 December 2003 shows he served in Iraq from 18 September to 10 December 2003 and he had 3 months and 
7 days of foreign service.  However, his OER, active duty orders, and the DFAS information are accepted as sufficient evidence on which to amend items 12f and 18 of his DD Form 214 for the period ending 13 December 2003 to show he served in Kuwait/Iraq from 12 April to 10 December 2003, a total of 7 months and 28 days.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed a total of 7 months and 28 days of foreign service and item 18 should be corrected to show the applicant served in Kuwait/Iraq from 12 April to 
10 December 2003.

3.  As a related issue, 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.

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.  deleting the entry in item 12f of his DD Form 214 for the period ending 
13 December 2003 and replacing it with the entry "0000  07  28";

	b.  adding the ICM with two bronze service stars to item 13 of this DD Form 214; and






	c.  deleting the entry "SERVICE IN IRAQ 20030918-20031210" in item 18 of this DD Form 214 and adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030412-20031210."



      __________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)                                         AR20110024584



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ABCMR Record of Proceedings (cont)                                         AR20110024584



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