IN THE CASE OF:  

		BOARD DATE:  19 June 2014

		DOCKET NUMBER:  AR20130019048 


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:

* the correct dates of his service in Afghanistan
* the dates of his service in Iraq
* the correct duration of his foreign service
* award of the Combat Infantryman Badge 

2.  The applicant states that he deployed to Afghanistan and Iraq for a total period of 1 year, 3 months, and 30 days.  He was awarded the Combat Infantryman Badge.

3.  The applicant provides copies of:

* 2-page letter from his advocate (Swords to Plowshares) 
* his DD Form 214
* DA Form 1307 (Individual Jump Record)
* Combat Infantryman Badge orders
* 24 September 2013 Army Review Boards Agency letter 
* 16 October 2013 letter and an agreement between the applicant and Swords to Plowshares



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 March 2004.  He held military occupational specialty 11B (Infantryman).

2.  His Enlisted Record Brief shows he served in Afghanistan from 23 September to 4 November 2004 (1 month and 12 days) and shows his authorized awards as the:

* Army Commendation Medal (2 Awards)
* Army Achievement Medal (2 Awards)
* Army Good Conduct Medal 
* Iraq Campaign Medal
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge

3.  He was released from active duty on 4 February 2008 as a specialist (SPC)/E-4.  He had completed 3 years, 10 months, and 18 days of active duty service.  His DD Form 214 shows: 

	a.  1 month and 12 days of foreign service;

	b.  his awards as the:

* Army Commendation Medal (2 Awards)
* Army Achievement Medal (2 Awards)
* Army Good Conduct Medal 
* National Defense Service Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* NATO Medal
* Parachutist Badge

	c.  in item 18 (Remarks):  "SERVICE IN OPERATION ‘IRAQI’ FREEDOM (AFGHANISTAN) 20040923-20041104."

4.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) from:



* 24 September through 31 October 2004 (1 month and 8 days) for
Afghanistan
* 10 August 2006 through 27 October 2007 (1 year, 2 months, and 
18 days) for Kuwait

5.  The applicant provides a 2-page letter from his advocate that states, in brief:  

	a.  his DD Form 214 does not correctly state his deployment to Afghanistan.  The correct dates are 27 September to 6 November 2004 (1 month and 8 days) as recorded on his DA Form 1307, not 23 September to 4 November 2004 
(1 month and 12 days) as shown on the DD Form 214.

	b.  his DD Form 214 does not show his deployment to Iraq.  His DA Form 1307 shows he deployed to Iraq from 14 August 2006 to 31 October 2007 (1 year, 2 months, and 18 days).  This deployment should be shown on his DD Form 214.

	c.  add the Combat Infantryman Badge to his DD Form 214 for his combat service in Iraq on 6 September 2006.

6.  Army Regulation 600-8-22 (Military Awards) states a:

	a.  bronze service star is authorized for wear with the Afghanistan Campaign Medal for participation in each credited campaign.  The applicant's service in Afghanistan coincides with the Consolidation I (1 December 2001-30 September 2006) campaign.

	b.  the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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.  The applicant's service in Iraq coincides with the following campaigns:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

7.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f,  enter the total amount of foreign service completed during the period covered in block 12c; 

   b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and
   
	c.  item 18, for an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.

DISCUSSION AND CONCLUSIONS:

1.  His ERB shows he was awarded the Combat Infantryman Badge, Expert Infantryman Badge, Iraq Campaign Medal, and the Overseas Service Ribbon.  

2.  Although DFAS indicates he deployed to Kuwait, his record shows he also served in Iraq.  Therefore, his DD Form 214 should be corrected to show his foreign service as Kuwait/Iraq from 10 August 2006 through 27 October 2007 (1 year, 2 months, and 18 days).  Therefore, he is authorized two bronze service stars to be worn on his already-awarded Iraq Campaign Medal.

3.  His ERB and DFAS records show he was deployed to Afghanistan from 24 September through 31 October 2004 (1 month and 8 days).  Therefore, he is authorized one bronze service star to be worn on his already-awarded Afghanistan Campaign Medal.

4.  These awards should be added to his DD Form 214.

5.  Item 12f of his DD Form 214 should be corrected to show he completed 
"01 03 26" (indicating a total of 1 year, 3 months, and 26 days of foreign service).

6.  Item 18 of his DD Form 214 should be corrected to show the dates of his deployed service.

7.  The applicant's evidence showing he deployed to Afghanistan from 27 September to 6 November 2004 and to Iraq from 14 August 2006 to 31 October 2007 has been reviewed; but it is outweighed by the information available from DFAS.


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 entry in item 12f of his DD Form 214 and replacing it with 
"01 03 26";

	b.  deleting the entry in item 18 of his DD Form 214 showing "SERVICE IN OPERATION IRAQI FREEDOM (AFGHANISTAN) 20040923-20041104";

	c.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Expert Infantryman Badge
* Iraq Campaign Medal with two bronze service stars 
* one bronze service star to be worn on his already-awarded Afghanistan Campaign Medal 
* Overseas Service Ribbon

	d.  adding to item 18 of his DD Form 214 the entries:

* "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) 20040924-20041031"
* "SERVICE IN KUWAIT/IRAQ 20060810-20071027"



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 correcting his DD Form 214 to show he deployed to Afghanistan from 27 September to 6 November 2004 and to Iraq from 14 August 2006 to 31 October 2007.



      _____________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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20130019048



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