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ARMY | BCMR | CY2008 | 20080012465
Original file (20080012465.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080012465 


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, in effect, that Item 12f (Foreign Service) and Item 18 (Remarks) of his separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that his DD Form 214 fails to document his Iraq service from December 2004 to August 2005. 

3.  The applicant provides a Certificate of Achievement and DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army and entered active duty on 30 March 2004.  He was trained in, awarded, and served in military occupational specialty (MOS) 88M (Motor Transport Operator).  He continuously served until 20 September 2005, at which time he was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service. 

2.  The DD Form 214 issued to the applicant upon his 20 September 2005 discharge shows he completed a total of 1 year, 5 months, and 21 days of active military service.  Item 12f contains the entry “00 00 00” and Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal during his active duty tenure.

3.  The applicant provides a Certificate of Achievement, dated on 1 September 2005, which was awarded for his contributions while serving in Iraq in support of Operation Iraqi Freedom.  

4.  A review of the  Defense Finance and Accounting Service (DFAS) pay records confirm the applicant received hostile fire pay (HFP) during the period 
1 January to 20 September 2005.  

5.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates to enter the applicable location dependent on the soldier's status on transition in Item 9.  If REFRAD, release to the ARNG of applicable State or Territory.  Item 12f will contain the total amount of foreign service completed during the period covered by the DD Form 214.  It further indicates that for active duty Soldiers deployed with his or her unit, the following entry will be made in Item 18:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document should be corrected to document his Iraq service was carefully considered and found to have merit.  

2.  By regulation, Item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214, and deployed service will be documented in Item 18.  The applicant’s pay record confirms he received HFP for the period 1 January through 20 September 2005, and the Certificate of Achievement provided by the applicant confirms he performed this service in Iraq.  Therefore, it would be appropriate to correct Item 12f of his DD Form 214 to show he completed 8 months and 20 days of foreign service, and to add an entry to Item 18 that shows he served in Iraq from 
1 January to 20 September 2005.  


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 deleting the current entry in Item 12f of his DD Form 214 and replacing it with the entry “00 08 20"; by adding the entry "SERVICE IN IRAQ FROM 20050101 to 20050920” to Item 18; and by issuing him a correction to his DD Form 214 that reflects these changes.




      _______ 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)                                         AR20080012465



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ABCMR Record of Proceedings (cont)                                         AR20080012465



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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