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ARMY | BCMR | CY2006 | 20060014841
Original file (20060014841.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060014841 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright 

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Ms. Karmin S. Jenkins

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of item 12f (Foreign Service), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show his service in Iraq. 

2.  The applicant states, in effect, that his DD Form 214 does not show his foreign service and that he served in Iraq from 26 February 2003 to 15 July 2003. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA Form 638 (Recommendation for Award) awarding him the Army Achievement Medal, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he reenlisted in the Regular Army on 26 October 2000, in pay grade E-4, with prior military service.  He was trained in military occupational specialty (MOS), 13B, as a Cannon Crewmember.  He continued to serve until he was honorably discharged on 20 December 2003.  

2.  Item 12f (Foreign Service), on his DD Form 214, shows the entry, "0000 00 00."   

3.  The applicant provided a copy of his DA Form 638 which shows that he was awarded the Army Achievement Medal by Permanent Orders 318-13, on an unknown date, for meritorious service while assigned to Bravo Battery, 1st Battalion, 10th Field Artillery, from 24 October 2000 to 20 December 2003.  His DA Form 638 indicates that he was noted for his accurate ammunition count and his ability to reconfigure ammunition loads which directly resulted in the battery's success during Operation Iraqi Freedom.  It also indicates that his attention to detail and outstanding performance during the deployment to Kuwait was never compromised.

4.  Information provided by DFAS (Defense Finance and Accounting) revealed that the applicant received hostile fire pay (HFP))/imminent danger pay (IDP) from February through July 2003, at $225 per month.

5.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 
12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  For active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in item 18 (Remarks) of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was deployed in support of Operation Iraqi Freedom and served in Kuwait based on verification he received HFP and IDP.  In addition, he was awarded the Army Achievement Medal which speaks of his service in Kuwait in support of Operation Iraqi Freedom.  It was noted his award recommendation/order failed to reveal the exact dates of his deployment.

2.  The information provided by DFAS revealed that the applicant received HFP/IDP from February through July 2003, at $225.00 per month.  However, by his report, which cannot be verified, he alleges he served in Iraq from 26 February 2003 to 15 July 2003.  The actual date of his departure from Kuwait cannot be verified but DFAS has verified payment of HFP/IDP from February 2003 to July 2003, which equates to 6 months.  Therefore, he is entitled to correction of item 12f (Foreign Service), of his DD Form 214 to show the entry "0000 06 00," and item 18 (Remarks), of his DD Form 214, to show the entry "SERVICE IN KUWAIT/IRAQ FROM 200302-200307."

BOARD VOTE:

__KLW__  __KSJ___  ___PM__  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:  

	a.  by showing the entry, " 0000 06 00," in item 12f (Foreign Service), of his DD Form 214; and

	b.  by showing the entry, "SERVICE IN KUWAIT/IRAQ FROM 200302-200307, in item 18 (Remarks), of his DD Form 214. 




_____Kenneth L. Wright _____
          CHAIRPERSON




INDEX

CASE ID
AR20060014841
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070510
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20031220
DISCHARGE AUTHORITY
AR635-200, chapter 4
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.

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