IN THE CASE OF:  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140008071 


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) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 July 2011 to show he had 9 months and 28 days of foreign service.  

2.  He states he served in the Central Command with the 36th Sustainment Brigade from 15 August 2009 to 13 June 2010, but the DD Form 214 covering this period shows no foreign service.  He needs to have this corrected because the Department of Veterans Affairs is questioning his service in Iraq.   

3.  He provides:

* driver license
* United States Uniformed Services identification card
* social security card
* birth certificate
* DD Form 214
* memorandum, subject:  Statement of Service
* memorandum, subject:  Letter of Release
* memorandum, subject:  Authorization for Release from Theater for Headquarters and Headquarters Company (HHC) 36th Sustainment Brigade…from the 36th Sustainment Brigade
* orders with an attached roster


CONSIDERATION OF EVIDENCE:

1.  While serving in the Texas Army National Guard (TXARNG), effective 20 July 2009 the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF) as a member of HHC, 36th Sustainment Brigade.  

2.  His DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period 1 September 2009 through 13 July 2010 shows he performed principal duty as a senior first cook while deployed to Contingency Operating Base (COB) Adder, Iraq.  

3.  He provides the following documents:

	a.  A memorandum, subject:  Statement of Service, dated 1 June 2010, signed by the Commander, 36th Special Troops Battalion, COB Adder, Tallil, Iraq, certifies that he served with the 36th Sustainment Brigade in Tallil, Iraq, from 15 August 2009 to 13 June 2010 (10 months).  The memorandum also shows, in part, that he is entitled to wear the Iraq Campaign Medal (ICM).  

	b.  His DD Form 214 for the period 20 July 2009 through 22 July 2011 shows in:

* item 12f – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Armed Forces Reserve Medal with "M" Device

* item 18 (Remarks) – he was mobilized from 20 July 2009 to 13 July 2010 and retained on active duty to receive medical treatment from 14 July 2010 to 22 July 2011
* item 18 – no entry documenting service in Iraq

4.  On 24 May 2012, he was discharged from the TXARNG and transferred to the Retired Reserve.  

5.  His Enlisted Record Brief (ERB) is not available for review.  

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated for:

* item 12f, from the ERB, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for a Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

7.  As a related matter, review of the available records indicates he is entitled to additional awards that are not listed on his DD Form 214 for the period ending 22 July 2011.  

8.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of 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 ICM 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 include Iraqi Sovereignty (1 January 2009-31 August 2010).  

9.  U.S. Army Human Resources Command Permanent Orders 246-09, dated 3 September 2010, announced award of the Meritorious Unit Commendation (MUC) to HHC, 36th Sustainment Brigade, for the period 7 September 2009 to 9 June 2010.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Iraq from 15 August 2009 to 13 June 2010 for 9 months and 29 days.  It would be appropriate to correct item 12f and item 18 of DD Form 214 in question to show this foreign service.  

2.  A proper authority verified his entitlement to the ICM and he participated in one campaign.  He is entitled to correction of the DD Form 214 in question to show the ICM with one bronze service star.  

3.  He was assigned to HHC, 36th Sustainment Brigade, during a period for which the unit was awarded the MUC.  He is entitled to correction of the DD Form 214 in question to show this unit award.  

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 making the following amendments to his DD Form 214 for the period ending 22 July 2011:   

	a.  replace the entry in item 12f with "0000  09  29";

	b.  add to item 13 the ICM with one bronze service star and the MUC; and

	c.  add to item 18 the statement "SERVICE IN IRAQ FROM 20090815-20100609."



      __________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)                                         AR20140008071





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ABCMR Record of Proceedings (cont)                                         AR20140008071



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