IN THE CASE OF:
BOARD DATE: 28 May 2009
DOCKET NUMBER: AR20080020081
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) to show his correct dates of service in Iraq.
2. The applicant states, in effect, that the dates shown on his DD Form 214 for his service in Iraq are not correct. He contends that the correct dates are from 16 October 2002 to 17 May 2003 and from 31 January to 17 November 2005.
3. The applicant provides, in support of his application, copies of his Enlisted Record Brief (ERB) and his Soldier Deployment History Out-Processing Report.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was retired from the Regular Army in the rank of first sergeant, pay grade E-8.
2. The applicant's ERB shows in Section I (Assignment Information) that he served in Iraq from 16 October 2002 to 17 May 2003 (7 months) and also from 31 January 2005 to 17 November 2005 (10 months).
3. The applicant's deployment history report for the period from 1 January 2000 to 28 March 2006 shows that he served overseas in support of contingency operations from 16 October 2002 to 17 May 2003 and from 31 January to
17 November 2005.
4. Item 18 (Remarks) of the applicant's DD Form 214 indicates that his service in support of Operation Iraqi Freedom was from 14 to 17 May 2001 (4 days) and from 13 to 29 August 2001 (17 days).
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that for Regular Army Soldiers, Item 18 will contain the name of the country and dates of service when they are deployed with their unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the dates of his service in Iraq are incorrectly entered on his DD Form 214.
2. The available evidence clearly shows the applicant served in support of Operation Iraqi Freedom on two occasions, from 16 October 2002 to 17 May 2003 and from 31 January to 17 November 2005. However, his DD Form 214 does not show these same dates of service in Iraq.
3. In view of the above, the applicant's DD Form 214 should be corrected to show his correct dates of service in Iraq.
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 his DD Form 214: "Service in Operation Iraqi Freedom 20010514-20010517//Service in Operation Iraqi Freedom 20010813-20010829"; and
b. adding to Item 18 of his DD Form 214: "Service in Operation Iraqi Freedom 20021016-20030517//Service in Operation Iraqi Freedom 20050131-20051117."
_______ _ 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) AR20080020081
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