IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130017656 


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.

2.  The applicant states he deployed with his unit to Iraq in support of Operation Iraqi Freedom (OIF).  He served overseas for 5 months and 1 day; however, his DD Form 214 does not show his foreign service in Iraq.

3.  The applicant provides copies of his:

* medical evacuation documents and orders
* DA Form 638 (Recommendation for Award)
* DA Form 4980-14 (Army Commendation Medal Certificate)
* DD Form 2823 (Sworn Statement)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 January 2008 for a period of 5 years and 16 weeks.  He was awarded military occupational specialty 11B (Infantryman).

2.  The applicant's Enlisted Record Brief shows in section IX (Assignment Information) that he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 77th Armor (1-77 AR) Regiment, Fort Bliss, TX, from 
23 April 2009 through 13 January 2010.
3.  Headquarters, Landstuhl Regional Medical Center (LRMC), Orders Number
A-10-928940, dated 22 October 2009, reassigned the applicant to HHC, 1-77 AR Regiment, Fort Bliss, TX , with a report date of 22 October 2009.  He was attached to Headquarters, Warrior Transition Battalion, for further medical treatment at Beaumont Army Medical Center, Fort Bliss, TX.

4.  The applicant's DD Form 214 shows he was honorably retired from active duty on 15 April 2011 based upon permanent disability.  He had completed
3 years, 3 months, and 8 days of total active service.  It also shows in:

	a.  item 12f (Foreign Service):  "0000 years, 00 months, and 00 days";

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

* Army Achievement Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

	c.  item 18 (Remarks), no entry for service in Iraq.

5.  Headquarters, Fort Bliss, TX, memorandum, subject:  Issuance of 
DD Form 215 (Correction to DD Form 214), dated 16 June 2011, addressed to the Commander, Army Reserve Personnel Center, Fort Knox, KY, shows the Chief, Adjutant General Transition Center, requested the applicant's
DD Form 214 be corrected to show in:

* item 12f:  "000  04  02" 
* item 18:  "Service in Kuwait/Iraq:  20090506-20090907"

6.  A review of the applicant's Official Military Personnel File failed to reveal a copy of a DD Form 215.

7.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 6 May 2009 through 7 October 2009 for Kuwait.

8.  In support of his application the applicant provides the following documents:

   a.  4th Brigade Company Team (BCT), 1st Armored Division (1AD), memorandum for record, dated 3 October 2009, that shows the Brigade Surgeon noted the applicant suffered head trauma and a blowout fracture of his right orbit due to a sports injury prior to deployment.  The neurosurgery consultant in Balad (Iraq) recommended a neurology evaluation at LRMC because a Magnetic Resonance Imaging (MRI) was not available in theater.

   b.  Information Sheet for Outpatient/Routine Evacuation, 10th Combat Support Hospital, Contingency Operating Base (COB) Adder, Tallil, Iraq, undated, that authorized the applicant's evacuation to LRMC.

   c.  86th Contingency Aeromedical Staging Facility (CASF), Ramstein Air Base (Germany), memorandum, subject:  Base Liberty Pass, approved on 22 October 2009, that shows the applicant was granted an unescorted base liberty pass and that he was to report back to the CASF every 4 hours.

   d.  DA Form 638 and DA Form 4980-14 that show Headquarters, 4th BCT, 1AD, COB Adder, Iraq, Permanent Order Number 079-16, dated 27 March 2010, awarded the applicant the Army Commendation Medal for meritorious service in support of OIF from 1 May 2009 to 30 April 2010.

   e.  A sworn statement made by Sergeant Landon M. A--- on 26 July 2010.  He states he was the applicant's squad leader for six months.  On 14 September 2009, the applicant fell from the back hatch area of a M115 (Up-Armor Humvee). He sent the applicant, accompanied by a medic, to the battalion aid station.  He describes two other incidents (dates unspecified) when the applicant experienced dizziness and nausea prior to being medically evacuated to Germany. 

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and 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.

	a.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

   b.  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the Iraqi Sovereignty campaign (1 January 2009 - 31 August 2010).

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f, enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service.

2.  The evidence of record shows the applicant received HFP/IDP for his service overseas in support of OIF from 6 May 2009 through 7 October 2009.  He was medically evacuated to Germany and reassigned to Fort Bliss, TX on 22 October 2009.

   a.  A calculation of this period of overseas service shows the following:

	2009  10  22	date of redeployment
	- 2009  05  06	date of deployment
	=     00  05  16
	+                   1	day inclusive
	=     00  05  17	or 5 months and 17 days of total foreign service

	b.  Item 12f and item 18 of the applicant's DD Form 214 do not show the correct total amount or the period of  foreign service in Kuwait/Iraq.

3.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service, as recommended below.



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:

   a.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and adding the entry "0000  05  17";

	b.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Iraq Campaign Medal with 1 bronze service star

	c.  adding to item 18 of his DD Form 214 the statement "SERVICE IN KUWAIT/IRAQ 20090506-20091007."




      _______ _   __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)                                         AR20130017656



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ABCMR Record of Proceedings (cont)                                         AR20130017656



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