IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120005208
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq.
2. The applicant states:
* his DD Form 214 does not show his foreign service in Iraq
* he wants to obtain health care benefits
3. The applicant provides:
* Deployment documentation
* Travel vouchers
* Letter, dated 5 March 2012, from a Veterans Service Officer at the American Legion in Florida
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 August 2007. He completed his training and was awarded military occupational specialty 91B (wheeled vehicle mechanic). On 18 November 2010, he was discharged.
2. The DD Form 214 he was issued at the time 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:
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge
c. Item 18 (Remarks) no entry for deployed service.
3. 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 5 May 2009 through 25 April 2010 (11 months and
20 days).
4. In support of his claim he provided:
* a DA Form 31 (Request and Authority for Leave), dated 26 September 2009, which shows he was stationed in Iraq
* a travel voucher, dated 19 April 2010, which shows the deployment country was Iraq
5. 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 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)"
6. 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)
7. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.
8. 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. (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).
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 11 months and 20 days of foreign service and item 18 should be corrected to show he served in Kuwait/Iraq from 5 May 2009 through
25 April 2010.
2. As a related issue, based on his service in Iraq, he is entitled to the ICM with one bronze service star. Therefore, his DD Form 214 should be corrected to show this medal.
3. The applicant served a qualifying period of service in Kuwait/Iraq for entitlement to the Overseas Service Ribbon. 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 in item 12f of his DD Form 214 and replacing it with the entry "0000 11 20";
b. adding the ICM with one bronze service star and Overseas Service Ribbon to item 13 of his DD Form 214; and
c. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20090505 -20100425" to 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) AR20120005208
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120005208
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