IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080008234
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 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his first deployment in Iraq.
2. The applicant states that he served his first tour in Iraq from 12 September 2003 to 20 March 2004 (a total of 6 months and 9 days).
3. The applicant provides a DD Form 214; temporary change of station orders; orders for the Army Commendation Medal and the Army Achievement Medal; a DA Form 638 (Recommendation for Award); and 2005 deployment orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 March 2003, served as a field artillery surveyor, and was released from active duty on 25 March 2007.
2. Item 12f (Foreign Service) on the applicants DD Form 214 shows he served
1 year and 1 day of foreign service. Item 18 on his DD Form 214 shows, in pertinent part, the entry, SERVICE IN OIF [Operation Iraqi Freedom] 20050930-20060930 [1 year and 1 day].
3. In support of his claim, the applicant provided temporary change of station orders, dated 10 September 2003, which show he was assigned to Fort Bliss, Texas on or about 12 September 2003 for deployment in support of Operation Enduring Freedom. He provided a DA Form 638, dated 20 December 2003, which states, in pertinent part, He provided security for the CECOM civilian convoys to various locations in Iraq without incident. The applicant also provided 2005 deployment orders for his second tour in Iraq.
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received imminent danger pay during the period 1 October 2003 to
31 March 2004 in Kuwait.
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. 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. The regulation also states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Although DFAS records show the applicant received imminent danger pay during the period 1 October 2003 to 31 March 2004 in Kuwait, the applicant contends that he served in Iraq from 13 September 2003 to 20 March 2004 (his inclusive dates of service) and he provided a DA Form 638 which states he provided security for convoys to various locations in Iraq during his deployment. Based on the foregoing, it is reasonable to presume that he served in Kuwait and Iraq during his first deployment. Therefore, items 12f and 18 of his DD Form 214 should be corrected to show he served in Kuwait and Iraq from 13 September 2003 to 20 March 2004.
BOARD VOTE:
___X____ ___X____ ___X___ 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 the entry in item 12f on his DD Form 214,
b. adding the entry "0001 06 10" in item 12f of his DD Form 214, and
c. adding the entry "Service in Kuwait/Iraq: 20030913-20040320" in item 18 of his DD Form 214.
_______ _ 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) AR20080008234
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