IN THE CASE OF:	  

		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080014968 


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 his separation document (DD Form 214) be corrected to reflect his deployed service.   

2.  The applicant states, in effect, that his deployment dates need to be added to his DD Form 214 for the purpose of qualifying for Department of Veterans Affairs (VA) benefits.   

3.  The applicant provides the following documents in support of his application:  Recommendation for Award (DA Form 638), dated 15 July 2003; Army Commendation Medal (ARCOM) Certificate; Military Police Command Memorandum, Subject:  Approval of Humanitarian Service Medal for Operation Safe Haven, dated 27 June 1995; United States Southern Command Memorandum, Subject:  Approval of Humanitarian Service Medal for Operation Safe Haven, dated 19 May 1995; Joint Staff Memorandum, Subject: Recommendation for Humanitarian Service Medal with Personnel Roster, dated 17 April 1995; North Atlantic Treaty Organization (NATO) Medal Certificate; and Temporary Change of Station (TCS) Orders for Iraq with Personnel Roster, dated 26 April 2005.


CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army and entered active duty on 19 September 1993, and that he was trained in and awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).  

2.  The applicant’s Enlisted Records Brief (ERB), dated 15 October 2007, shows he was promoted to sergeant (SGT) on 1 February 2005, and that this is the highest rank he attained and served in while on active duty.  

3.  On 19 February 2005, the applicant was honorably released from active duty (REFRAD), in the rank of SGT, for the purpose of disability retirement-temporary. The DD Form 214 he was issued at the time shows he completed a total of 
14 years, 5 months, and 1 day of active military service.  Item 12f (Foreign Service) shows the he completed a total of 2 years, 11 months, and 26 days of overseas service.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his active duty tenure:  Army Commendation Medal (3rd Award); Joint Service Achievement Medal (JSAM); Army Achievement Medal (AAM), 6th Award; Army Good Conduct Medal (AGCM), 3rd Award; National Defense Service Medal (NDSM), 2nd Award; Global War on Terrorism Service Medal (GWOTSM); Humanitarian Service Medal (HSM); Noncommissioned Officer Professional Development Ribbon (NCOPDR); Army Service Ribbon (ASR); NATO Medal; and Parachutist Badge.  Item 18 (Remarks) contains no entries for deployed service.  

5.  The applicant provides memoranda issued by the MPC, SOUTHCOM and the Joint Staff that show he was deployed to Kosovo in support of Operation Safe Haven from 26 August 1994 through 3 March 1995, and a NATO Medal Certificate, that confirms he was deployed to Kosovo in support of Operation Safe Haven from 28 June 1999 through 12 December 1999.  

6.  The applicant also provides a DA Form 638 and an ARCOM Certificate that confirms he served in Iraq in support of Operation Iraqi Freedom from 7 April through 1 September 2003.  


7.  The applicant further provides TCS orders and a personnel roster that confirm he was deployed to Iraq with his unit in 2005; however, there is no effective date of deployment legible on these documents.  A review of the Defense Finance and Accounting Service (DFAS) pay record for the applicant confirms he received imminent danger pay/hostile fire pay (IDP/HFP) during the period from 1 June 2005 through 31 May 2006.  In response to an inquiry from a member of the Board staff, the applicant provided an electronic mail (e-mail) message, dated 
1 December 2008, in which he indicates his dates of his service in Iraq for this period were from 15 June 2005 through 26 May 2006.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for Item 18 state, in pertinent part, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)” will be included for an active duty Soldier deployed with his or her unit during their continuous period of active service. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was deployed to and served in Kosovo from 26 August 1994 through 3 March 1995 and from 28 June through 
12 December 1999, and that he served in Iraq from 7 April through 1 September 2003, as evidenced by the HSM Memoranda, NATO Medal Certificate, DA Form 638 and ARCOM Certificate provided by the applicant.  The evidence also shows he served in Iraq during a second period between 15 June 2005 and 26 May 2006, as evidenced by DFAS records confirming he received IDP/HFP from 
1 June 2005 through 30 May 2006, and an e-mail message from the applicant indicating his dates of service in Iraq during this period were from 15 June 2005 through 26 May 2006.  

2.  In view of the facts of this case, it would be appropriate to correct the applicant's record and separation document to document his periods of deployed service by adding the entries “SERVICE IN KOSOVO FROM 19940826-19950303 AND FROM 19990628-19991212” and “SERVICE IN IRAQ FROM 20030407-20030901 AND FROM 20050615-20060526" to Item 18 of his 
DD Form 214.  


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 amending Item 18 of his DD Form 214 by adding the entries “SERVICE IN KOSOVO FROM 19940826-19950303 AND FROM 19990628-19991212” 
and “SERVICE IN IRAQ FROM 20030407-20030901 AND FROM 20050615-20060526”; and by providing him a correction to his separation document that includes 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)                                         AR20080014968



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ABCMR Record of Proceedings (cont)                                         AR20080014968



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