IN THE CASE OF:	

		BOARD DATE:	 06 May 2010 

		DOCKET NUMBER:  AR20090018173 


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 award of the Army Achievement Medal with Oak Leaf Cluster (OLC) and his first period of deployment to Iraq. 

2.  The applicant states, in effect, that the S1 told him not to worry about the missing items because they would be taken care of later.  He also states his first period of deployment to Iraq was from November 2005 to November 2006.  

3.  The applicant provides his DD Form 214, an Army Commendation Medal certificate, an Army Achievement Medal certificate with accompanying DA Form 638 (Recommendation for Award), and Temporary Change of Station (TCS) Orders 041-08. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 26 July 2005.  He was awarded the military occupational specialty of cannon crewmember.  The highest rank/grade he held during his tenure of service was sergeant (SGT)/E-5.

2.  The applicant's DD Form 214 shows he was honorably released from active duty on 14 November 2009 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 4 years, 3 months, and 19 days of creditable active service.

3.  The applicant's DD Form 214, item 18 (Remarks) shows he served in Iraq during the period 12 June 2008 to 3 June 2009.

4.  The applicant was awarded the Army Achievement Medal by Orders Number 194-07 on 23 March 2008 for exceptionally meritorious achievement.

5.  An Army Achievement Medal certificate and associated DA Form 638 show he was awarded the Army Achievement Medal with OLC by Permanent Orders 229-04 for the period 15 November 2007 to 14 November 2009 for meritorious service.

6.  Permanent Orders 041-08, dated 10 February 2006, shows the 3rd Battalion, 16th Field Artillery, received TCS orders effective on or about 14 February 2006 in support of Operation Iraqi Freedom. The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) show he was assigned to this battalion during the period 6 December 2005 to 4 April 2007.  

7.  In the processing of this case a member of the Board's staff contacted the Defense Finance and Accounting Service (DFAS).  DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for Kuwait for the period 15 February to 16 November 2006.

8.  The applicant's certificate shows he was awarded the Army Commendation Medal for exceptionally meritorious service while deployed in support of Operation Iraqi Freedom 05-07.  The award was for the period 29 November 2005 to 15 November 2006.

9.  Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that an active duty Soldier deployed with his or her unit during their continuous period of active duty will have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Achievement Medal with OLC.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The preponderance of evidence indicates the applicant was deployed to Iraq/Kuwait during the period 15 February to 16 November 2006.  As such, it would be appropriate to add this deployment to his DD Form 214.

3.  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 that the evidence presented was 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.  adding the Army Achievement Medal with OLC to item 13 of his DD Form 214; and

	b.  adding to item 18 "SERVICE IN KUWAIT/IRAQ FROM 20060215-20061116."

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 was deployed in Iraq during the period November 2005 to November 2006.  



      _______ _ 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)                                         AR20090018173



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ABCMR Record of Proceedings (cont)                                         AR20090018173



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