BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013882 


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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and the awards he is entitled to for his service in Iraq.

2.  The applicant states he is providing new evidence that was not previously considered. 

3.  The applicant provides his DD Form 214, a letter from his counsel, a statement from his spouse, seven Leave and Earnings Statements (LES), and DD Form 2796 (Post-Deployment Health Assessment).

ONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130013030 on 27 March 2014.

2.  As new evidence the applicant provides:

	a.  A letter from his counsel, dated 1 August 2014, wherein counsel stated the applicant served in Iraq from March through October 2003.  Military pay records reflected he received hostile fire (HF)/imminent danger pay (IDP) from April to October 2003 and counsel was providing a statement from the applicant's ex-wife stating he had been deployed to Iraq from March 2003 to October 2003.

	b.  Seven LESs, dated from 1 to 30 April 2003 through 1 to 31 October 2003, wherein they show the applicant started receiving HF/IDP in April 2003 and the last month he received HF/IDP was September 2003 (emphasis added).

	c.  A DD Form 2796, he completed on 30 September 2003.  On the form he listed the date he arrived in theater in support of Operation Iraqi Freedom (OIF) as 5 April 2003 and the date of departure as 22 September 2003.  He also listed that he served in Kuwait and in Taji, Iraq (emphasis added).  

3.  The applicant enlisted in the Regular Army on 14 October 2000 and he held military occupational specialty 13B (Cannon Crewmember).  He was assigned to Battery B, 4th Battalion, 42nd Field Artillery (FA), Fort Hood, TX.  

4.  He was honorably released from active duty on 20 December 2003 and he was transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows the following entries:

* item 12f (Foreign Service) - 0000-00-00
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - Army Lapel Button, National Defense Service Medal, and Army Service Ribbon
* item 18 (Remarks) does not reflect any deployment to a foreign country 

5.  His record is void of any evidence that shows he served in Iraq.

6.  A review of the history of the 4th Battalion, 42nd FA, shows the battalion deployed to Kuwait in March 2003 and to Iraq in April 2003.  Initial combat operations were conducted in the area of Taji outside of Baghdad.  The battalion subsequently moved north to the Tikrit area leaving Battery B at Taji until about October 2003.  The 4th Battalion, 42nd FA continued to conduct combat operations until their redeployment in March 2004.

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

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his record shows he participated in two campaigns during his service in Iraq.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days are authorized the Global War on Terrorism Service Medal.  

8.  A review of the U.S. Army Human Resources Command website shows the 4th Battalion, 42nd FA, was cited for award of the Valorous Unit Award for the period 15 April 2003 through 15 March 2004 by Department of the Army General Orders (GO) Number 11, dated 2009.

9.  Army Regulation 635-5 (Separation Documents) 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 states in item 12f of the DD Form 214 enter the total amount of foreign service completed during the period covered by the DD Form 214.  For an active duty Soldier deployed to a foreign country, enter in item 18 the entry "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided LESs that showed he received HF/IDP from April through September 2003.  He also provided a DD Form 2796 he completed on 30 September 2003 after he returned from his deployment in support of OIF.  On the DD Form 2796, he indicated he arrived in theater on 5 April 2003, served in Kuwait and Taji, Iraq, and departed the theater on 22 September 2003.  A history of his assigned unit shows the unit moved from Kuwait into Taji, Iraq, in April 2003.  Based on the evidence provided, it is reasonable to presume the applicant deployed to Kuwait on 5 April 2003 and subsequently served in Iraq until his departure on 22 September 2003 (5 months and 18 days).  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service in Kuwait/Iraq.

2.  He served during a qualifying period for award of the Global War on Terrorism Service Medal and Iraq Campaign Medal and participated in two campaigns during his service in Iraq; therefore, his DD Form 214 should be corrected accordingly.

3.  GO awarded his unit the Valorous Unit Award during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  With respect to showing he served in Iraq from March to October 2003, the evidence he provided shows he served in Kuwait/Iraq from 5 April to 22 September 2003 and received HF/IDP from April to September 2003.  Therefore, he is not entitled to full relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___x_____  ____x____  __x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20130013030, dated 27 March 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by:

* deleting the current entry from item 12f and replacing it with the entry "0000-05-18"
* adding to item 13 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, and the Valorous Unit Award
* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030405-20030922"

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 showing he served in Iraq from March to October 2003.



      _______ _   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)                                         AR20140013882



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013882



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1