IN THE CASE OF:
BOARD DATE: 12 NOVEMBER 2008
DOCKET NUMBER: AR20080005886
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 that his DD Form 214 dated 6 October 2006 be corrected to reflect his foreign service.
2. The applicant states, in effect, that his foreign service on his DD Form 214 dated 6 October 2006 does not reflect his service in Southwest Asia (SWA) from 7 March 2004 to 18 December 2004. He also states that he had prior foreign service and that he was awarded the Bronze Star Medal (BSM) for his last period of foreign service, which is only awarded for combat service.
3. The applicant provides copies of his DD Form 214s and copies of his orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a second lieutenant in the Alabama Army National Guard (ALARNG) on 3 December 1988. He was promoted to the rank of first lieutenant on 4 June 1990 and on 9 September 1990 he deployed to SWA until 17 May 1991. He was honorably released from active duty on 7 June 1991 and his service in SWA was properly annotated on his DD Form 214. He was promoted to the rank of captain on 1 November 1994.
2. He served in the ALARNG until he accepted a United States Army Reserve (USAR) commission on 2 March 1998 and was promoted to the rank of major on 27 June 2001.
3. On 1 March 2004, he was ordered to active duty in support of Operation Iraqi Freedom and deployed to SWA from 7 March to 18 December 2004 (9 months and 13 days). He was honorably released from active duty on 6 October 2006 and his DD Form 214 does not reflect his foreign service or his deployment to SWA.
4. He is currently serving in the USAR in the rank of lieutenant colonel.
5. 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 block 12f, from the ERB/ORB (Enlisted Record Brief/Officer Record Brief), enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).
6. AR 635-5 also states that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
a. "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." will be entered in item 18 (Remarks).
c. "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. The applicant was ordered to active duty in support of Operation Iraqi Freedom and served in SWA from 7 March to 18 December 2004 for a period of 9 months and 13 days.
2. Accordingly, he is entitled to have his DD Form 214 dated 6 October 2006 corrected to reflect in block 12f that he served 9 months and 13 days of foreign service during the period covered by the DD Form 214.
3. Additionally, he is also entitled to have his service in SWA in support of Operation Iraqi Freedom during the period of 7 March to 18 December 2004 entered in the remarks section of his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing in block 12f of his DD Form 214, dated 6 October 2006, that he served 9 months and 13 days of foreign service; and
b. showing in block 18 of his DD Form 214, dated 6 October 2006, the entry "SERVICE IN SOUTHWEST ASIA FROM 20040307 - 20041218."
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______XXX_______________
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) AR20080005886
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