IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080017725
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia (Iraq).
2. The applicant states, in effect, that he deployed to Kuwait and took part in the spearhead of the invasion into Iraq in 2003.
3. The applicant provides a copy of a unit movement order to Kuwait in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 19 August 1987. He completed basic combat and advanced individual training and was awarded the military occupational specialty of unit supply specialist. The highest rank he attained while serving on active duty was sergeant first class/pay grade E-7.
2. The applicant's DA Form 2-1 (Personnel Qualification Record) and his Enlisted Record Brief both show multiple overseas deployments from 1990 through 2001, but neither document shows any deployments after 2001.
3. Headquarters, 3d Infantry Division (Mechanized) and Fort Stewart, Order Number 343-1, dated 9 December 2002, provided by the applicant, directs movement of applicant's unit (1st Battalion, 39th Field Artillery) to Kuwait and return beginning on or about 14 December 2002.
4. In the processing of this case the Board's staff contacted the Defense Finance and Accounting Service (DFAS) which confirmed that the applicant received imminent danger pay from 1 February 2003 through 30 June 2003 for service in Kuwait.
5. The applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period April 2003 through August 2003 indicates he was deployed during that evaluation period and was awarded the Army Commendation Medal for valor during Operation Iraqi Freedom.
6. The applicant was contacted by the Board's staff and he stated in an e-mail that he was deployed to Iraq from 1 January 2003 to 26 June 2003 with the
1st Battalion, 39th Field Artillery. In a subsequent e-mail response, the applicant attached travel voucher information (but not the travel voucher itself) stating that travel to and from deployment began on 2 January 2003 and ended on 3 June 2003.
7. The purpose of the DD Form 214 is to record active military service and other pertinent data regarding that service normally needed to verify military service for benefits, retirement, employment, and membership in veterans' organizations.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides, in pertinent part, that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD YYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's DA Form 2-1 and Enlisted Record Brief contain no dates of deployment during the 2003 timeframe, there is evidence that these documents do not contain all of the applicant's recent data.
2. The exact dates of deployment required for foreign service entries on a DD Form 214 were provided by the applicant in an e-mail response to the Board's staff. However, the dates provided by the applicant differ from those provided by DFAS and from those that are listed on the travel voucher which was provided by the applicant.
3. While the applicant's evaluation document for the period April 2003 through August 2003 indicate he served in support of Operation Iraqi Freedom and the DFAS records show the applicant received imminent danger pay during the period 1 February 2003 through 30 June 2003 for service in Kuwait, there is inconclusive evidence available indicating exact beginning and ending dates of foreign service. Imminent danger pay is given in full months. Since foreign service entries on a DD Form 214 are exact dates, and there is insufficient evidence showing exact dates the applicant served in Iraq, there is insufficient documentation in which to grant the applicant's request.
4. If the applicant could provide the travel voucher itself, which might show that he had intermediate destinations between his departure from the States and his arrival in Kuwait/Iraq, he may apply for reconsideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20080017725
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ABCMR Record of Proceedings (cont) AR20080017725
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