IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140009787
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).
2. The applicant states:
* item 12f of his DD Form 214 shows no foreign service
* he was deployed for 370 days to Iraq and he served 2 years in Korea
3. The applicant provides:
* Soldier Deployment History Outprocessing Report
* certificate of appreciation
* Enlisted Record Brief
* two letters of recommendation
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 4 October 2006 and trained as a health care specialist.
2. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received cost of living allowance (COLA) for service in Korea from 10 June 2009 through 9 June 2010 (a total of 1 year).
3. He provided:
a. a Soldier Deployment History Outprocessing Report that shows he was deployed from 6 January 2011 to 11 December 2011 (a total of 11 months and 6 days);
b. a certificate of appreciation for outstanding contributions during Operation New Dawn in Iraq; and
c. letters of recommendation from two major generals, dated 2011 and 2012, which confirm his service as a medic in Iraq.
4. On 10 October 2012, he was honorably discharged.
5. His DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge
6. Item 12f of his DD Form 214 shows the entry "0000 00 00." Item 18 (Remarks) does not show any deployments.
7. 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. The regulation provided that for:
* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
8. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who 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 ICM 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. 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)
9. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's contention he served 2 years in Korea. DFAS confirms he received COLA for service in Korea from 10 June 2009 through 9 June 2010, a total of 1 year. Therefore, item 12f of his DD Form 214 should be corrected to show he completed 1 year of foreign service.
2. Although he contends he served 370 days in Iraq, the Soldier Deployment History Outprocessing Report he provided shows he was deployed from 6 January 2011 to 11 December 2011, a total of 11 months and 6 days. The certificate of appreciation and letters of recommendation confirm his service in Iraq. Therefore, these documents are accepted as sufficient evidence on which amend items 12f and 18 of his DD Form 214. Item 12f of his DD Form 214 should be corrected to show he completed an additional 11 months and 6 days of foreign service and item 18 of his DD Form 214 should be corrected to show he served in Iraq from 6 January 2011 to 11 December 2011.
3. Based on his service in Iraq, he is eligible for award of the ICM with one bronze service star.
4. His record shows his service met the criteria for award of the KDSM.
5. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 current entry in item 12f of his DD Form 214 and replacing it with the entry "0001 11 06,"
b. adding award of the Iraq Campaign Medal with one bronze service star to his DD Form 214, and
c. adding the entry "SERVICE IN IRAQ FROM 20110106-20111211" to item 18 of his DD Form 214.
2. The Board further determined that the evidence presented is 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 correction of his record to show he served 2 years in Korea and 370 days in Iraq.
______________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) AR20140009787
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ABCMR Record of Proceedings (cont) AR20140009787
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