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ARMY | BCMR | CY2013 | 20130007789
Original file (20130007789.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  14 January 2014

		DOCKET NUMBER:  AR20130007789 


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 as "Iraq" instead of "Afghanistan."

2.  He states he only served in Iraq although his DD Form 214 shows he served in Afghanistan.  

3.  The applicant did not provide any additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 May 2008.  

2.  His DD Form 214 shows he retired by reason of permanent disability on 
14 December 2012 after completing 4 years, 7 months, and 1 day of honorable service.  This form also shows in:

* block 12f (Foreign Service) - 0000 00 00
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* Purple Heart
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon 
* Combat Action Badge
* Parachutist Badge
* Driver and Mechanic Badge with Driver-Wheeled Vehicle clasp

* block 18 (Remarks) - "SERVICE IN AFGHANISTAN 20081208-20090521" 

3.  The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for a total of 1 year, 5 months, and 24 days for service in Iraq during the following periods:

* 20081201 - 20090625
* 20090701 - 20100531

4.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (OIF).  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 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.  The applicant served in Iraq during the following campaign periods:

* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)

5.  Army Regulation 600-8-22 also states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

6.  According to the Awards Branch at the U.S. Army Human Resources Command, 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour (rules 6 and 8 of 
Table 3-2, Army Regulation 614-30 (Overseas Service), apply).

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and 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 should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.

	a.  The total amount of foreign service completed during the Soldier's continuous period of active service will be entered as "YYYY MM DD" in block 12f.

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

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms he received HFP/IDP and CTZE while serving in Iraq during two separate periods.  As a result, he is entitled to correction of the following blocks on his DD Form 214 to show:

* block 12f - 0001 05 24
* block 18 - "SERVICE IN IRAQ FROM 20081201 - 20090625 and 20090701 - 20100531"

2.  Based on his foreign service in support of OIF in a designated area during the following campaigns, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and to have this award added to block 13 of his DD Form 214:

* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)

3.  His service in Iraq also entitles him to award of the Overseas Service Ribbon and to have this award added to his DD Form 214.









BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  deleting the current entries from block 12f and adding 0001 year(s), 05 month(s), and 24 day(s);

	b.  adding the Iraq Campaign Medal with two bronze service stars and Overseas Service Ribbon to block 13; 

	c.  deleting from block 18 the entry "SERVICE IN AFGHANISTAN FROM 20081208 - 20090521"; and

	d.  adding to block 18 the entry "SERVICE IN IRAQ FROM 20081201 - 20090625 and 20090701 - 20100531." 



      _______ _  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)                                         AR20130007789





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ABCMR Record of Proceedings (cont)                                         AR20130007789



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