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ARMY | BCMR | CY2013 | 20130006348
Original file (20130006348.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130006348 


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 item 12f (Foreign Service) and item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service during two deployments to Iraq.

2.  The applicant states:

* his foreign service should be corrected from 7 months to 19 months
* a second Iraq deployment in 2009/2010 should be added to his DD Form 214

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 February 2007.  He completed his training and was awarded military occupational specialty 11B (infantryman).  On 23 May 2010, he was honorably released from active duty.

2.  His DD Form 214 shows:
	a.  in item 12f, the entry "0000  07  00";

	b.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the following awards:

* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM) with campaign star
* Army Service Ribbon
* Combat Infantryman Badge

	c.  in item 18 (Remarks), service in Iraq from 6 June 2007 to 6 January 2008 (a total of 7 months and 1 day).

3.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 11 January 2009 through 11 December 2009 (a total of 11 months and 1 day).

4.  He provides a DA Form 638 which states he had two deployments in support of Operation Iraqi Freedom 09-10.

5.  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)

6.  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.  The regulation provides that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 is missing a second deployment to Iraq has merit.

2.  His DA Form 638 which shows he deployed in support of Operation Iraqi Freedom in 2009 is 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 11 January 2009 through 11 December 2009.  As such, the evidence shows he served in Kuwait and Iraq during this period.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 1 year, 6 months, and 2 days of foreign service and item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 11 January 2009 to 11 December 2009.

3.  As a related issue based on his service in Iraq and participation in two campaigns, he is authorized award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show award of the ICM with two bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the current entry in item 12f of his DD Form 214 and replacing it with the entry "0001  06  02";

	b.  deleting award of the ICM with campaign star from item 13 his DD Form 214 and replacing it with the ICM with two bronze service stars; and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20090111-20091211" to item 18 of his DD Form 214.

2.  The Board further determined that the evidence presented was 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 showing he served 19 months of foreign service.  



      __________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)                                         AR20130006348



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ABCMR Record of Proceedings (cont)                                         AR20130006348



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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