IN THE CASE OF:	  

		BOARD DATE:	 25 February 2014 

		DOCKET NUMBER:  AR20130011510 


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 he served in Iraq from January 2009 to December 2009.  

2.  The applicant states, in effect, he deployed to Iraq twice.  His second Iraq tour was not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 December 1997 and served through a series of reenlistments or extensions.  He held military occupational specialty 89B (Ammunition Specialist) and served in a variety of stateside or overseas assignments.  The highest rank/grade he attained while serving on active duty was sergeant first class (SFC)/E-7.

2. His record contains a noncommissioned officer evaluation report (NCOER) for the period 1 September 2008 through 31 August 2009 showing he was assigned to A Company, 15th Brigade Support Battalion, 2nd Heavy Brigade Combat Team, 1st Calvary Division, Iraq.




3.  His record contains a certificate for award of the Bronze Star Medal dated 
5 September 2009 showing he was awarded the Bronze Star Medal for service during the period 6 January 2009 through 10 January 2010.  This certificate also shows he served in Iraq and he was assigned to A Company, 15th Brigade Support Battalion.

4.  His record contains four DA Forms 1059 (Service School Academic Evaluation Report (AER), dated 15 April 2005, 27 March 2008, 21 August 2008, and 18 June 2010, which show he attended and successfully completed the Primary Leadership Development Course (PLDC), the Basic NCO Course (BNCOC) phases 1 and 2, and the Advanced NCO Course (ANCOC).

5.  On 18 November 2010, he was separated after completing 13 years, 11 months, and 17 days of net active service, of which 3 years, 7 months and 22 days was credited as foreign service.  His DD Form 214 shows in:

   a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: 

* Bronze Star Medal
* Army Commendation Medal (4th Award)
* Army Achievement Medal (3rd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal 
* Korea Defense Service Medal
* Iraq Campaign Medal with campaign star (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Military Outstanding Service Medal 
* Driver and Mechanic Badge-Mechanic

   b.  item 18 (Remarks) shows he served in: 

* Kuwait from 16 December 2000 to 18 April 2001 (4 months, 3 days)
* Iraq from 23 October 2006 to 11 January 2008 (1 year, 2 months, 20 days)




6.  An email from the Defense Finance and Accounting Service (DFAS) dated 
23 July 2013 confirmed the applicant received hostile fire/imminent danger pay and a combat zone tax exemption for service in Kuwait from 1 January 2009 to 30 November 2009 (11 months).

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 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)

8.  Army Regulation 600-8-22 states the NCO Professional Development Ribbon is awarded for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCOES successfully completed as follows:

* Primary Level - Ribbon only
* Basic Level - Numeral 2
* Advanced Level – Numeral 3
* Senior Level – Numeral 4

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  

* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  DFAS records show the applicant served in Kuwait from 1 January 2009 to 
30 November 2009; however, his NCOER and certificate of award show he served in Iraq during this period.  

2.  When Soldiers deploy to Iraq their pay is processed through a finance office located in Kuwait.  As a result, DFAS records frequently show Kuwait as the location the foreign service was conducted.  However, the applicant’s records clearly show he served in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show he served in Iraq from 1 January 2009 to 30 November 2009.  

3.  As a related issue, the evidence of record shows he participated in three campaigns while serving in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show three campaign stars affixed to his previously-awarded Iraq Campaign Medal.

4.  The evidence of record shows he attended and completed PLDC, BNCOC, and ANCOC; therefore, he is entitled to correction of his DD Form 214 to add the NCO professional Development Ribbon with Numeral 3.

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:

* deleting form his DD Form 214 in item 13 the Iraq Campaign Medal with campaign star (2nd Award)
* adding to item 13 of his DD Form 214 the Iraq Campaign Medal with three campaign stars and the Noncommissioned Officer Professional Development Ribbon with Numeral 3
* adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20090101-20091130"




      _______ _   __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)                                         AR20130011510





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ABCMR Record of Proceedings (cont)                                         AR20130011510



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