IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120009939 


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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last tour of duty in Iraq.

2.  The applicant states her last tour of duty to Iraq from 5 May 2009 through 5 May 2010 was not included on her DD Form 214.  The transition office would no longer process the request for a change to her DD Form 214 once it was signed by them.  As an incoming U.S. Army Reserve (USAR) Soldier, her request fell to the bottom of the priority list and it was not processed in a timely manner before her expiration of term of service (ETS) 14 months later.  She is submitting her Meritorious Service Medal certificate that gives weight to her deployment to Iraq in 2009 - 2010.

3.  The applicant provides:

* Permanent Orders 098-109, issued by the U.S. Army Air Defense Artillery Center, Fort Bliss, TX, dated 8 April 2009
* Meritorious Service Medal Certificate, dated December 2009
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 June 2005.  She completed training and she was awarded military occupational specialty 68W (Health Care Specialist).  Her DD Form 214 shows she served in Iraq from 29 October 2006 to 10 December 2007.

2.  Permanent orders 098-109, dated 8 April 2009, ordered the applicant's temporary change of station (TCS) to Iraq in support of Operation Iraqi Freedom for a period of 12 months with an effective date of 15 April 2009.

3.  Permanent Orders Number 351-067, issued by Multi-National Division-South, Basrah, Iraq, dated December 2009, awarded the applicant the Meritorious Service Medal for exceptional and meritorious service during Operation Iraqi Freedom from 5 May 2009 to 1 April 2010.

4.  She was honorably released from active duty on 12 September 2010, in the rank/grade of sergeant (SGT)/E-5, at the completion of required active service and she was transferred to a U.S. Army Reserve unit.  She completed 5 years,
2 months, and 22 days of creditable active service.  The DD Form 214 she was issued at the time:

* shows in item 12f (Foreign Service) the entry "0001  01  12"
* shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Medical Badge
* Driver and Mechanic Badge with Driver-W Bar

* does not show in item 18 (Remarks) an entry for her second Iraq deployment

5.  The Defense Finance and Accounting Service (DFAS), Indianapolis, IN indicated the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for a second tour of duty in Kuwait/Iraq from
7 May 2009 through 3 May 2010, that equates to a period of 11 months and
27 days).

6.  Army Regulation 635-5 (Personnel Separations - 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.  It states that for:

* item 12, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) on the DD Form 214
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (INCLUSIVE DATES, YYYYMMDD - YYYYMMDD)"

7.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of 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.  It states a bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in.  During her service in Iraq, the applicant participated in the following three campaigns:

* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)
* Iraqi Sovereignty (1 January 2009 - 31 August 2010)

	b.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  To be eligible for award of the Overseas Service Ribbon, a Soldier must complete 9 months in a continuous TCS/temporary duty status in isolated areas where tour lengths have not been established.  Numerals will be used to denote second and subsequent awards of the OSR, beginning with numeral 2 for a second award.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Iraq from 31 October 2006 through 12 December 2007, a period of 1 year, 1 month, and 12 days.  This period of deployment is currently shown on her DD Form 214 in items 12f and 18.

2.  The evidence of record also shows she was deployed to Iraq from 7 May 2009 through 3 May 2010, a period of 11 months and 27 days.  Therefore, item 12f of her DD Form 214 should be corrected to show she served a total 2 years, 1 month, and 9 days of foreign service.  Item 18 of her DD Form 214 should also be corrected to add the entry "SERVICE IN IRAQ FROM 7 MAY 2009 - 3 MAY 2010."

3.  The evidence of record shows she completed a qualifying period of service for award of the Iraq Campaign Medal with three bronze service stars.  Therefore, her DD Form 214 should be corrected to show this award.

4.  The evidence of record also shows she completed a qualifying period of overseas service for a second award of the Overseas Service Ribbon.  Therefore, it would be appropriate to add this award to her record at this time.

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:

* deleting from Item 12f of his DD Form 214 the current entry and replacing it with the entry "0002  01  09"
* deleting from Item 13 of her DD Form 214 the Overseas Service Ribbon
* 
adding to Item 13 of her DD Form 214 the:

* Iraq Campaign Medal with three bronze service stars
* Overseas Service Ribbon with numeral 2

* adding to Item 18 of her DD Form 214 the entry "SERVICE IN IRAQ FROM 20090507 - 20100503."



      ____________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)                                         AR20120009939



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ABCMR Record of Proceedings (cont)                                         AR20120009939



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