IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080007682
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 item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2006 be corrected to show that he served 1 year and 22 days of foreign service.
2. The applicant states that he served overseas in support of Operation Iraqi Freedom for 1 year and 22 days.
3. The applicant provides active duty orders, deployment orders, amendment orders, a DD Form 214 Worksheet, a DA Form 2173 (Statement of Medical Examination and Duty Status), a DA Form 31 (Request and Authority for Leave), and a copy of his DD Form 214 for the period ending 30 November 2006.
CONSIDERATION OF EVIDENCE:
1. Having prior service, the applicant was ordered to active duty on 7 December 2003 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq and was released from active duty on 30 November 2006 and placed on the Temporary Disability Retired List the following day.
2. Item 12f of the applicants DD Form 214 for the period ending 30 November 2006 shows the entry "0000 00 00." Item 18 (Remarks) of his DD Form 214 shows, in pertinent part, the entry "SERVICE IN KUWAIT 20040208 20050421."
3. Records from the Defense Finance and Accounting Service (DFAS) show the applicant served in Kuwait from February 2004 to February 2005.
4. In support of his claim, the applicant provided orders which show he deployed on or about 8 February 2004 in support Operation Iraqi Freedom. He provided a DD Form 214 Worksheet which shows he served 1 year and 22 days of foreign service in item 12f. Item 30 on this worksheet shows the entry "SERVICE IN KUWAIT/IRAQ FROM 20040209 TO 20050228" (a total of 1 year and 20 days). He also provided medical and leave documentation which shows he was in Iraq.
5. Army Regulation 635-5 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. The regulation states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. Although DFAS records show the applicant served in Kuwait from February 2004 to February 2005, evidence of record shows he also served in Iraq during this time. The applicants DD Form 214 Worksheet shows he served 1 year and 22 days of foreign service; however, item 18 on this worksheet shows he served in Kuwait/Iraq from 9 February 2004 to 28 February 2005 (a total of 1 year and 20 days).
2. Based on the foregoing, it appears the entry "SERVICE IN KUWAIT 20040208 20050421" in item 18 on the applicants DD Form 214 for the period ending 30 November 2006 is incorrect and should be corrected to show he served in Kuwait/Iraq from 9 February 2004 to 28 February 2005. Item 12f on this DD Form 214 should also be corrected to show he served 1 year and 20 days of foreign service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___XX_____ ____XX____ ____XX____ 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. deleting the entry in item 12f on his DD Form 214 for the period ending 30 November 2006;
b. adding the entry "0001 00 20" in item 12f of this DD Form 214;
c. deleting the entry "SERVICE IN KUWAIT 20040208-20050421" in item 18 of this DD Form 214; and
d. adding the entry "SERVICE IN KUWAIT/IRAQ 20040209-20050228" in item 18 of this DD Form 214.
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 amending item 12f on his DD Form 214 for the period ending 30 November 2006 be corrected to show that he served 1 year and 22 days of foreign service.
_________XXXX________________
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) AR20080007682
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080007682
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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