RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070012205 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree

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 correction of Item 18 (Remarks) to show "Service in Iraq from 20030401 to 20040723" instead of "Service in Iraq 20030401 to 20040415."

2.  The applicant states that he believes this entry is in error.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 11 June 2006; a copy of his Enlisted Record Brief (ERB), dated 4 June 2006; a copy of DD Form 2796 (Post Deployment Health Assessment), dated 7 January 2004; a copy of "USA Today" newspaper article, dated 12 June 2007; and a copy of "The Washington Times" newspaper article, dated 12 June 2007, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a Regular Army sergeant (SGT)/E-5, wheeled vehicle mechanic, who enlisted in the Regular Army on 28 September 1999 and was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 11 June 2006.

2.  The applicant's records show that he served in Germany during the period 15 October 2002 to 11 June 2006.  He was assigned to the 69th Chemical Company, 1st Armored Division, Hanau, Germany. 

3.  Item 18 of the applicant's DD Form 214 shows that he served in Iraq during the period 1 April 2003 to 15 April 2004.

4.  Section I (Assignment Information) of the applicant's ERB shows that he departed Germany on 30 April 2003 and arrived back in Germany on 23 July 2004.

5.  Section IX (Assignment Information) of the applicant's ERB, dated 4 April 2006, shows that while assigned in Germany, the applicant deployed to Kuwait on 30 April 2003.  He returned to Germany on 23 July 2004.  

6.  The applicant's post deployment Health Assessment shows that he arrived in the Theater of Operations on 1 May 2003 and departed from the Theater of Operations on 31 July 2004.

7.  Records at the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, show that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) during the period 1 May 2003 through 31 July 2004.

8.  The applicant submitted extracts from newspapers showing that the 1st Armored Division started its redeployment to home base in Germany effective 15 July 2004.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show that he served in Iraq for a total of 15 months [and 23 days] vice 12 months [and 15 days].  He would like the "FROM – TO" dates on his DD Form 214 changed to read "20030401 – 20040723" instead of "20030401 – 20040415."

2.  Since the applicant and the DD Form 214 are in agreement as to the "FROM" date of his deployment to Iraq, the only determination to be made is the correct "TO" date of the deployment.  To that end, most available evidence suggests that the applicant served in Iraq "TO" some date in July 2004.

	a.  The applicant's Enlisted Record Brief (ERB) shows 23 July 2004 as the "TO" date.

	b.  The applicant's Post Deployment Health Assessment shows 31 July 2004 as the "TO" date.  Most likely, the assessment was completed upon the applicant's redeployment from Iraq to Germany and simply reflects the date of the assessment, not the "TO" date of his deployment.

	c.  Pay records maintained by DFAS show that the applicant received Hostile Fire/Imminent Danger Pay through 31 July 2004.  HFP/IDP is paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in 

which he/she was:  subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  Therefore, even though the applicant may have redeployed from Iraq on 23 July 2004, he would have received HFP/IDP for the full month.

	d.  Newspaper articles show the 1st Armored Division beginning redeployment from Iraq to Germany on/about 15 July 2004.

3.  Clearly, the preponderance of evidence supports changing the applicant's "TO" date from 15 April 2004 to a date in July 2004.  Since the applicant's ERB date of 23 July 2004 is in agreement with his request, and since the later dates of 31 July 2004 are explained by other circumstances, it is reasonable to set the applicant's "TO" date as 20040723.

BOARD VOTE:

__cg____  __jrs___  __qas___  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:

	a.  deleting in Block 18 (Remarks) of his DD Form 214 the statement "SERVICE IN IRAQ 20030401 – 20040415;" and



	b.  adding in Block 18 the statement "SERVICE IN IRAQ 20030401 – 20040723."



							Curtis Greenway
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070012205
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.