IN THE CASE OF:	

		BOARD DATE:	  12 March 2009

		DOCKET NUMBER:  AR20080016697 


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, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 12f (Foreign Service), to reflect his service in Germany and deployments to Somalia and Cuba.

2.  The applicant states, in effect, that his DD Form 214 does not reflect that he had any foreign service.  He served two tours in Germany and was deployed to Somalia and Cuba.  He also states, in effect, that his Enlisted Record Brief (ERB) shows his foreign service deployments. 

3.  In support of his application, the applicant provides copies of his ERB and DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 6 March 1984.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 63B (Light-Wheeled Vehicle Mechanic).  He was subsequently awarded MOS 63X (Vehicle Maintenance Supervisor).  

2.  The applicant's records contain a DA Form 638-1 (Recommendation for Award), dated 3 August 1995, that shows he was recommended for award of the Meritorious Service Medal (MSM) for exceptionally meritorious service from 
4 April 1993 to 15 October 1995, prior to his permanent change of station (PCS) to Germany.  The justification cited the applicant's first achievement as being the key person responsible in preparing the battalion motorpool to deploy to 
Guantanamo Bay, Cuba, and maintaining the vehicles exceptionally through the 4 months deployment, ensuring mobility throughout the area of operation.  The form cited his second achievement of successful preparation and deployment of the Battalion Headquarters to Somalia, and keeping all equipment to standards at all times throughout the deployment.  

3.  The applicant's ERB, dated 6 September 2005, Section I – Assignment Information, shows he returned from SO (Somalia) in June 1993 after serving 6 months, returned from CU (Cuba) in November 1994 after serving 4 months, returned from HU (Hungary) in March 1997 after serving 3 months, returned from GM (Germany) in October 1998 after serving 36 months, returned from AF (Afghanistan) in November 2002 after serving 3 months, and returned from IZ (Iraq) in March 2005 after serving 13 months. 

4.  The applicant's ERB, Section IX – Assignment Information, also shows he served in Germany from 24 October 1995 to 1 October 1998, a period of 2 years, 11 months, and 6 days.  Section IX also shows he returned to Germany on 7 February 2003 and remained until his separation from active duty for the purpose of retirement, a period of 2 years, 11 months, and 24 days. 

5.  The applicant's records do not contain any orders for the foregoing deployments showing his specific departure and return dates.  His records also do not contain his PCS orders for Germany.  

6.  The applicant was honorably released from active duty for the purpose of retirement, in pay grade E-7, on 31 January 2006.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) on 1 February 2006.  He was issued a DD Form 214 that shows zero credit of foreign service time in Item 12f.   

7.  Review of the applicant's records indicates entitlement to additional corrections that are not shown on his DD Form 214.

8.  On 27 February 2009, a staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified that the applicant served in Cuba from 19 November 1994 through 28 September 1995, a period 10 months and 10 days; he served in Germany from 26 October 1995 through 20 October 1998, a period of 2 years, 11 months, and 25 days; he served in Kuwait from
11 September 1999 through 25 September 1999, a period of 15 days; he served in Afghanistan from 8 August 2002 through 30 November 2002, a period of         3 months and 23 days; and he served in Kuwait (i.e., Iraq) from 8 February 2004 through 8 March 2005, a period of 1 year, 1 month, and 1 day.  No record was found for the applicant's dates of deployment in Somalia in 1993 and Hungary in 1997.  

9.  Army Regulation 635-5, prescribes the policies and procedures regarding separation documents.  The regulation specifies that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from active duty. Foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  Additionally, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (Inclusive dates for example, YYYYMMDD-YYYYMMDD)” will be entered in Item 18 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Somalia for a period of 6 months; in Cuba for a period of 10 months and 10 days; in Hungary for a period of 3 months; in Germany for a period of 3 years and 21 days; in Kuwait for a period of 15 days; in Afghanistan for a period of 3 months and 23 days; returned to Germany for a period of 1 year; served again in Iraq for a period of 1 year, 1 month, and 1 day; and returned to Germany and served for a period 10 months and 22 days until his release from active duty on 31 January 2006.  Based on the applicant's total foreign service of 7 years, 11 months, and 6 days, he is entitled to correction to item 12f of his DD Form 214 to show a total of 7 years,
11 months, and 6 days of foreign service.  Correction to Item 12f does not require any adjustment to the other blocks in Item 12 (Statement of Service).  

2.  The applicant is further entitled to correction to Item 18 of his DD Form 214 to show "SERVICE IN KUWAIT FROM 19990911-1990925, SERVICE IN AFGHANISTAN FROM 20020808-20021130, and SERVICE IN IRAQ FROM 20040208-20050308.”

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


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 from Item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0007 11 06";
   
   b.  adding to Item 18 of the applicant’s DD Form 214 the entry "SERVICE IN KUWAIT FROM 19990911-1990925," "SERVICE IN AFGHANISTAN FROM 20020808-20021130," and "SERVICE IN IRAQ FROM 20040208-20050308"; and
   
c.  providing the applicant a corrected separation document that includes 
these corrections.



      ___________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)                                         AR20080016697



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ABCMR Record of Proceedings (cont)                                         AR20080016697



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