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ARMY | BCMR | CY2008 | 20080019123
Original file (20080019123.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  April 9, 2009

		DOCKET NUMBER:  AR20080019123 


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 Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, that the dates for his service in Iraq in Item    18 read "20071023–20080102" and should read "20061023-20080102."

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

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 25 April 2005.  On 15 May 2005 he was discharged from the DEP and, on 16 May 2005, he enlisted in the Regular Army, in pay grade E-1.

2.  The applicant was honorably released from active duty, in pay grade E-4, on 4 September 2008.  He was subsequently transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time of his discharge, he was credited with 3 years, 3 months, and 19 days of net active service, which includes 1 year, 2 months, and 10 days of foreign service.

3.  Item 18 of the applicant's DD Form 214 contains the entry, "SERVICE IN IRAQ 20071023-20080102."

4.  On 14 January 2009, a staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified that the applicant served in Iraq from 23 October 2006 to 2 January 2008 and received hostile fire pay/imminent danger pay (HFP/IDP) from 1 October 2006 to 31 January 2008, based on entitlement to HFP/IDP in full month increments.

5.  Army Regulation 635-5 (Personnel Separations - 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Iraq from 23 October 2006 to 2 January 2008.   This period of service equals 1 year, 2 months, and 10 days.  Item 18 of his DD Form 214 contains the entry, "SERVICE IN IRAQ 20071023-20080102."  Therefore, the applicant is entitled to a correction of Item 18 of his DD Form 214 to read, "SERVICE IN IRAQ FROM 20061023-20080102."

2.  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 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ 20071023-20080102";
   
   b.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20061023-20080102"; and
   
   c.  providing the applicant a corrected separation document that includes this correction.



      __________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)                                         AR20080019123



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ABCMR Record of Proceedings (cont)                                         AR20080019123



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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