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ARMY | BCMR | CY2013 | 20130003288
Original file (20130003288.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130003288 


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 in:

	a.  Item 12f (Foreign Service) the entry 1 year, 11 months, and 3 days;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), award of the Iraq Campaign Medal with 2 bronze service stars; and

	c.  Item 18 (Remarks), she served in a designated imminent danger pay area in Iraq for the period 26 March 2008 through 28 February 2010.

2.  The applicant states she identified administrative errors with her DD Form 214 for the period ending 2 July 2010 upon her redeployment to Afghanistan in 2012.

3.  The applicant provides:

* Her DD Form 214 for the period ending 2 July 2010
* Military Personnel (MILPER) Message Number 11-208, issued on 7 July 2011
* Orders 08-039-00015, issued by the U.S. Army Reserve (USAR) Readiness Command, For Jackson, SC, dated 8 February 2008


* Orders 053-7, issued by the U.S. Army Installation Management Command, Fort Belvoir, VA, dated 22 February 2008
* Orders A-03-908720, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 19 March 2009
* a memorandum issued by the 42nd Army Field Support Brigade, Joint Base Balad, subject:  Iraq Campaign Medal, dated 4 May 2009
* a memorandum issued by the same brigade, subject:  Authorization for Shoulder Insignia for Former Wartime Service, dated 14 September 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant is a lieutenant colonel serving in the USAR.

2.  The applicant provides and her record contains a DD Form 214 that shows she was ordered to active duty in support of Operation Iraqi Freedom (OIF) on
1 March 2008.  She was honorably released from active duty on 2 July 2010 at the completion of required active service.  The DD Form 214 she was issued at the time shows in:

	a.  Item 12f the entry "0000  00  00";

	b.  Item 13 the Iraq Campaign Medal with campaign star (one bronze service star); and

	c.  Item 18 the entry "//INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE
BENEFITS AND ENTITLEMENTS//ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC (in accordance with Title 10, U.S. Code, section)12302//."

3.  The applicant provides two memoranda, dated 4 May and 14 September 2009, respectively, that show she performed service in Iraq in support of OIF during the period 26 March 2008 through 28 February 2010 (a period of 1 year, 11 months, and 3 days); however, the memoranda are dated prior to the intended completion of her deployment.

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 23 March 2008 to 15 February 2009 (a period of
10 months and 24 days) for service in Kuwait/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 preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It states for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	c.  Item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

		(2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility (AOE) 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.  During the applicant's tour of duty in Iraq, she participated in the following two campaigns:
* 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.  According to the Awards Branch at HRC, Fort Knox, KY, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully examined and found to have partial merit.

2.  DFAS shows the applicant received HF/IDP and CZTE for service in Kuwait/Iraq during the period 23 March 2008 through 15 February 2009 (a period of 10 months and 24 days).  Therefore, her DD Form 214 should be corrected accordingly.

3.  The evidence of record shows she participated in two campaigns that entitle her to two bronze service stars for wear on her already-awarded Iraq Campaign Medal.  Therefore, her DD Form 214 should be corrected to show these bronze service stars.

4.  The applicant served during a qualifying period of service for entitlement to the Overseas Service Ribbon.  Therefore, her DD Form 214 should be corrected to show this award.

5.  In view of the foregoing, her DD Form 214 for the period ending 2 July 2010 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of her DD Form 214 for the period ending 2 July 2010 the current entry and replacing it with the entry "0000  10  24,"

	b.  deleting from item 13 of her DD Form 214 for the period ending 2 July 2010 the "Iraq Campaign Medal with campaign star,"

	c.  adding to item 13 of her DD Form 214 for the period ending 2 July 2010 the:

* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

	d.  adding to item 18 of her DD Form 214 for the period ending 2 July 2010 the additional entry "SERVICE IN KUWAIT/IRAQ FROM 20080323-20090215."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting her DD Form 214 for the period ending 2 July 2010 to show:

	a.  any additional foreign service other than 10 months and 24 days in item 12f and

	b.  any period of service in Kuwait/Iraq other than 20080323-20090215.



      __________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.

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ABCMR Record of Proceedings (cont)                                         AR20130003288



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