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ARMY | BCMR | CY2012 | 20120003358
Original file (20120003358.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120003358 


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 show his foreign service in block 12f.

2.  The applicant states that he served in Iraq from 17 April 2007 to 19 July 2008; however, his DD Form 214 does not reflect any foreign service.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 January 2006.  He completed his one-station unit training as a cannon crewman at Fort Sill, Oklahoma and was transferred to Fort Stewart, Georgia.

2.  On 24 March 2009 he was discharged under honorable conditions.  He had completed 3 years, 2 months, and 21 days of active service.

3.  His DD Form 214 issued at the time of his REFRAD indicates that he served in Iraq from 20070509 – 20081007 (1 year, 4 months and 29 days) and reflects no foreign service performed.  It also shows that he was awarded the Army Service Ribbon and the Combat Action Badge.

4.  Army Regulation 600-8-22 (Military Awards) states 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.  

5.  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 areas of eligibility (AOE) 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.  

6.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) 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            31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:  the Iraqi Surge (10 January 2007-31 December 2008).

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant states he served in Iraq from 17 April 2007 to 19 July 2008 (a period of 1 year, 3 months, and 3 days) his DD Form 214 reflects that he served in Iraq from 20070509 – 20081007 for a period of 1 year, 4 months and 29 days of foreign service.  In the absence of evidence to the contrary, the dates on his DD Form 214 are accepted as accurate.  Accordingly, his DD Form 214 should be corrected to show 1 year, 4 months, and 29 days of foreign service in block 12f.

2.  The applicant served in one campaign during a qualifying period for award of the ICM with one bronze service star.  Accordingly, he should be awarded the ICM with one bronze service star and it should DD Form 214.

3.  The applicant also served during a qualifying period for awards of the NDSM , GWOTSM, and the OSR.  Accordingly, they should be awarded and added to his DD Form 214.

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:

* Deleting the entry “0000  00  00” from block 12f of his DD Form 214
* Adding the entry “0001  04  29” to block 12f of his DD Form 214
* Adding the ICM with one bronze service star, NDSM, GWOTSM, and OSR to his DD Form 214

2.  The Board further determined that the evidence presented was 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 correcting block 12f of his  DD Form 214 to reflect he served in Iraq during the period 17 April 2007 to         19 July 2008 (1 year, 3 months, and 3 days).  




      _______ _   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)                                         AR20120003358





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ABCMR Record of Proceedings (cont)                                         AR20120003358



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