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ARMY | BCMR | CY2012 | 20120019686
Original file (20120019686.txt) Auto-classification: Approved

		

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120019686 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Iraq and award of the Iraq Campaign Medal and Combat Action Badge.

2.  The applicant states she served in Iraq from 2 December 2009 through 13 November 2010 as documented by her award of the Army Commendation Medal and the Iraq Campaign Medal.  She was serving at Forward Operating Base (FOB) Warrior when it came under mortar attack.  The base commander authorized award of the Combat Action Badge to all personnel at the FOB for this action.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-5 states the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.

2.  There is no evidence that the applicant applied to the U.S. Army Human Resources Command for consideration of award of the Combat Action Badge.  In accordance with the above regulation, the portion of the applicant's request for award of the Combat Action Badge is returned without prejudice and without action being taken by the ABCMR.  She must first apply to:  U.S. Army Human Resources Command, ATTN: AHRC-PDC-L, 1600 Spearhead Division Avenue, Fort Knox, KY  40122-5405.

3.  Should that request not be resolved to her satisfaction, the applicant may resubmit an application to this Board, including evidence of the denial of her request for administrative correction of her records.  This portion of her request will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 7 May 2008, completed training, and was awarded the military occupational specialty (MOS) 92Y (Unit Supply Specialist).

5.  A review of the applicant's pay record shows she served in a hostile fire/imminent danger pay area (Kuwait/Iraq) from 1 December 2009 through 12 November 2010 (11 months and 12 days).

6.  The applicant received a Certificate of Achievement from the 1st Battalion, 30th Infantry Regiment, for her efforts and support during the elections in Kirkuk, Iraq.

7.  The above certificate is the only award-related item entered in the applicant's records in the Interactive Personnel Electronic Record Management System.

8.  The applicant was honorably released from active duty on 6 September 2011.

9.  Her DD Form 214 shows the following:

	a.  item 12f (Foreign Service) – 0000  00  00;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Commendation Medal, Army Achievement Medal, Meritorious Unit Commendation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon; and

	c.  item 18 (Remarks) – no deployed service.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides that the Iraq Campaign Medal 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 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)

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provides the following:

	a.  The total amount of foreign service completed during the period covered by the DD Form 214 is entered in block 12c.

	b.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement is entered in item 18: 
"SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq from 1 December 2009 through 12 November 2010, a period of 11 months and 12 days.  Based on this period of service she is authorized award of the Iraq Campaign Medal.  Therefore, it would be appropriate to add award of the Iraq Campaign Medal to her DD Form 214.

2.  Based on her period of service in Iraq, the applicant participated in two campaigns and is authorized to wear two bronze service stars on the Iraq Campaign Medal.

3.  The applicant's period of foreign service in Iraq is not documented on her DD Form 214.  It would be appropriate to correct her DD Form 214 to show:

	a.  item 12f – "0000  11  12"; and

	b.  item 18 – "SERVICE IN IRAQ FROM 20091201-20101112." 

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 amending her DD Form 214 to show:

	a.  item 12f – "0000  11  12";

	b.  item 13 – Iraq Campaign Medal with two bronze service stars; and

	c.  item 18 – "SERVICE IN IRAQ FROM 20091201-20101112."



      ___________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)                                         AR20120019686



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ABCMR Record of Proceedings (cont)                                         AR20120019686



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