IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120000924 


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 third deployment (2004/2005) be added to item 
18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* Item 18 is missing one deployment from 2004 to 2005
* He was deployed to Iraq from July 2004 to March 2005

3.  The applicant provides:

* DA Form 638 (Recommendation for Award)
* DD Form 214
* Letter, dated 15 December 2011, from his attorney

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 March 2004 and trained as an infantryman.  He was honorably discharged on 28 March 2006 for immediate reenlistment.  He reenlisted on 29 March 2006 for a period of 4 years.  He was honorably released from active duty on 28 March 2010 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.   


2.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal (4th Award)
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Combat Infantryman Badge 

3.  Item 18 of his DD Form 214 shows he served in:

* Iraq from 1 October 2006 to 7 December 2007
* Iraq from 12 December 2005 to 12 December 2009

4.  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 Kuwait from 19 July 2004 through 8 March 2005.

5.  He provided a DA Form 638, dated 4 November 2004, for award of the Army Commendation Medal for the period 1 July 2004 to 22 March 2005.  This form states he was deployed to Baghdad in support Operation Iraqi Freedom.

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 regulation provides that for 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) 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)

8.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

9.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 is missing one deployment (2004/2005) has merit. 

2.  DFAS confirmed he served in Kuwait/Iraq 19 July 2004 through 8 March 2005.  Therefore, his DD Form 214 should be corrected to show this deployment.  In addition, this deployment makes him eligible for the GWOTEM which is shown on his DD Form 214. 

3.  As a related issue and based on his service in Iraq during his second and third tours, he is entitled to the Iraq Campaign Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.


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 "IRAQ CAMPAIGN MEDAL W/CAMPAIGN STAR" from item 13 of his DD Form 214 and replacing it with the entry "Iraq Campaign Medal with three bronze service stars"; and

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ 20040719-20050308" in item 18 of 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)                                         AR20120000924





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ABCMR Record of Proceedings (cont)                                         AR20120000924



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