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ARMY | BCMR | CY2012 | 20120023021
Original file (20120023021.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:  16 July 2013


		DOCKET NUMBER:  AR20120023021


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 foreign service in Iraq during his first deployment.

2.  The applicant states his first deployment to Iraq was not added to his DD Form 214 and it must be added in order for him to pursue certain jobs.

3.  The applicant provides his DD Form 214, unit temporary change of station orders, Combat Action Badge orders, and Army Commendation Medal Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 10 January 2007.  He completed basic combat and advanced individual training at Fort Benning, GA.  Upon successful completion of training, he was awarded military occupational specialty 11B (Infantryman).

2.  His records contain Permanent Orders (PO) 130-3061, dated 10 May 2007, issued by Headquarters (HQ), U.S. Army Infantry Center, Fort Benning, GA, awarding him the Parachutist Badge.

3.  He was subsequently assigned to the 1st Battalion, 504th Infantry Parachute Regiment, 2nd Brigade Combat Team (BCT), Fort Bragg, NC.

4.  The applicant provides and his records contain PO Number 326-33, dated 11 April 2008, issued by HQ, 2nd BCT, Fort Bragg, NC, awarding him the Army Commendation Medal for the period 4 January 2007 to 4 April 2008 for outstanding service while assigned to Forwarding Operating Base Loyalty, Iraq, during Operation Iraqi Freedom (OIF).

5.  His records contain PO Number 067-541, undated, issued by HQ, 1st BCT, 82nd Airborne Division, Fort Bragg, NC, awarding him the Army Commendation Medal for the period 21 August 2009 to 10 August 2010 for meritorious service while serving in the Al Anbar Province, Iraq, during OIF.

6.  He was honorably released from active duty on 8 May 2011 and he was transferred to the U.S. Army Reserve.  He completed 4 years, 3 months, and 29 days of creditable active service.

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Combat Infantryman Badge

8.  His DD Form 214 also shows in:

* item 12f (Foreign Service) – "0000  11  07"
* item 18 (Remarks) – "SERVICE IN IRAQ 20090820-20100726"

9.  Email from the Defense Finance and Accounting Service (DFAS), dated 5 February 2013, confirmed the applicant received hazardous fire pay/imminent danger pay for service in Kuwait from 15 July 2007 to 12 March 2008 (7 months and 28 days).  This period of time added to the 11 months and 7 days of foreign service already shown on his DD Form 214 equates to 1 year, 7 months, and 5 days of total foreign service.

10.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of the applicant's records shows he participated in two campaigns during his first period of service in Iraq and one campaign during his second period of service in Iraq.

11.  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.  It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  In addition to the foreign service already shown on the applicant's DD Form 214, DFAS records confirm he served in Kuwait/Iraq from 15 July 2007 to 12 March 2008 and he had a total of 1 year, 7 months, and 5 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to show the additional deployment dates and the total time of his foreign service.

2.  PO awarded the applicant the Parachutist Badge and two Army Commendation Medals while his DD Form 214 only reflects one award of the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal (2nd Award).

3.  He served in Iraq during a qualifying period for award of the Iraq Campaign Medal and participated in three campaigns during his two periods of service in Iraq.  Therefore, he is authorized award of the Iraq Campaign Medal with three bronze service stars and correction of his DD Form 214 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 amending his DD Form 214 as follows:

* deleting the current entry from item 12f and replacing it with "0001  07  05"
* deleting award of the Army Commendation Medal from item 13
* adding the following awards to item 13 –

* Army Commendation Medal (2nd Award)
* Iraq Campaign Medal with three bronze service stars
* Parachutist Badge

* adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20070715-20080312" to item 18



      _______ _  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)                                         AR20120007104



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ABCMR Record of Proceedings (cont)                                         AR20120023021



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