BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012878
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 2009 deployment to Iraq.
2. The applicant states his first tour of duty in Iraq is not listed on his DD Form 214.
3. The applicant provides:
* mobilization orders
* unit roster
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 October 2008 and trained as a cavalry scout. He was honorably released from active duty on 1 March 2012 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
2. His DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Iraq Campaign Medal (ICM) with campaign star
* Army Service Ribbon
3. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 28 May 2011 to 21 November 2011.
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 22 April 2009 through 22 December 2009.
5. He provided mobilization orders, dated 14 April 2009, which show he was deployed to Iraq on or about 5 May 2009.
6. Army Regulation 600-8-22 (Military Awards) states the 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 Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 is missing his deployment to Iraq in 2009 has merit.
2. His mobilization orders which show he deployed to Iraq in 2009 are accepted as sufficient evidence verifying his service in Iraq. Additionally, DFAS confirms he received HFP/IDP and CZTE for service in Kuwait during the period 22 April 2009 through 22 December 2009. As such, the evidence shows he served in Kuwait and Iraq during this period. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 22 April 2009 to 22 December 2009.
3. As a related issue based on his service in Iraq and participation in two campaigns, he is entitled to the ICM with two bronze service stars. Therefore, his DD Form 214 should be corrected to show this award.
4. He also served a period of qualifying service for award of the GWOTSM. 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 the evidence presented is 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. adding award of the GWOTSM to his DD Form 214,
b. deleting award of the Iraq Campaign Medal with Campaign Star from his DD Form 214 and replacing it with the Iraq Campaign Medal with two bronze service stars, and
c. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20090422-20091222" 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) AR20120012878
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120012878
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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