IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080012490
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 2006 to show he was deployed to Kuwait from 28 December 2004 to 18 August 2005.
2. The applicant states, in effect, that he does not have supporting documentation to show his return from Kuwait but he was in Kuwait from 28 December 2004 to at least 18 August 2005.
3. The applicant provides a copy of his Leave and Earnings Statement for the period 1 to 31 August 2005 and his DD Form 215 (Correction to DD Form 214), dated 22 October 2007 in support of his application.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 8 July 1994 (his DD Form 214 for the period ending 18 June 2006 erroneously reflects he entered active duty on 7 February 1995). At the completion of the required training, he was awarded military occupational specialty 92Y (unit supply specialist). His highest rank attained was sergeant (SGT)/E-5.
2. Department of the Army, Detachment A, 203rd Personnel Services Battalion, Fort Wainwright, Alaska, Orders 307-305, dated 2 November 2004, directed the
deployment of the applicant's unit to Kuwait in support of Operation Iraqi Freedom, on or about 22 December 2004. A roster of individuals deployed with the unit included the applicant's name.
3. The applicant's service personnel records contain a certificate for award of the Army Achievement Medal, dated 19 January 2006. This certificate shows he was awarded the Army Achievement Medal for meritorious service while assigned as the unit supply sergeant for Aviation Task Force Kuwait during the period 28 December 2004 through 13 August 2005.
4. The applicant's LES for the period 1 to 31 August 2005 shows he received hostile fire pay/imminent danger pay (HFP/IDP) during this period.
5. The applicant was honorably discharged on 18 June 2006.
6. Item 12f (Foreign Service) of his DD Form 214 for the period ending 18 June 2006 shows he completed 9 years, 2 months, and 3 days of foreign service.
7. Item 18 (Remarks) on his DD Form 214 for the period ending 18 June 2006 does not show he served in Kuwait.
8. Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received hostile fire pay for the actual dates of 28 December 2004 through 21 August 2005.
9. On 5 April 2007, the ABCMR corrected the applicant's DD Form 214 for the period ending 18 June 2006 by adding the entry "SERVICE IN KUWAIT FROM 20041228-20050228" to item 18.
10. 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 block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
The applicants military pay records at DFAS show he received HFP/IDP for service in Kuwait for the actual dates of 28 December 2004 through 21 August 2005. This evidence combined with his Army Achievement Medal certificate and his statement is accepted as sufficient as a basis to amend item 18 on his DD Form 214 for the period ending 18 June 2006 to reflect the entry "SERVICE IN KUWAIT FROM 20041228-20050821."
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 further amending item 18 on his DD Form 214 for the period ending 18 June 2006 to show the entry "SERVICE IN KUWAIT FROM 20041228 - 20050821."
________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.
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