IN THE CASE OF:
BOARD DATE: 10 MARCH 2009
DOCKET NUMBER: AR20080018372
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 that his 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his duty in Iraq.
2. The applicant states that an oversight occurred in omitting his duty in Iraq. He states the dates of service were between 1 November 2007 and 30 November
2007 and from 20 November 2007 to 18 December 2007 as noted on his travel authorization and North Atlantic Treaty Organization (NATO) travel orders.
3. The applicant provides a copy of his 2008 DD Form 214, copies of his travel authorization and NATO travel orders, and a copy of a 25 January 2008 DA Form 4187 (Personnel Action) noting the applicant was on temporary duty (TDY) in Iraq from 31 October to 6 November.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate the applicant was a member of the United States Army Reserve when he was ordered to active duty in support of Operation Noble Eagle on 1 February 2007. He was instructed to report to Fort Gordon, Georgia.
2. On 29 October 2007 Travel Authorization Number 810128 was issued by the 157th Infantry Brigade authorizing the applicant to depart on 1 November 2007 for a period of 30 days from Fort Gordon, Georgia, via Charleston Air Force Base to Baghdad, Iraq, for the purpose of a priority designation 01 Mine Resistant Ambush Protected (MRAP) escort mission. The NATO travel order indicates the applicant would be traveling via a Russian aircraft and that his date of departure was 1 November 2007 and expected date of return was 30 November 2007. There are no documents which confirm when the applicant actually arrived in Iraq. However, the applicants travel authorization order contains an Ali Al Salem Kuwait Bus Terminal and an Army Materiel Command (AMC) Reception, Staging, Onward-movement, and Integration (RSOI)/Kuwait bus pass stamp dated 4 November 2007.
3. On 17 November 2007 another set of travel authorization documents was issued by the 157th Infantry Brigade. This order authorized the applicant to depart Fort Gordon, Georgia, on 20 November 2007 for a period of 30 days via Charleston Air Force Base to Baghdad, Iraq, again for the purpose of a priority designation 01 MRAP escort mission. The 17 November 2007 travel authorization contains an Ali Al Salem Kuwait Bus Terminal and an AMC RSOI/Kuwait bus pass stamp dated 23 November 2007. The NATO travel order associated with this mission noted the applicant was authorized to again travel by Russian aircraft, departing on 20 November 2007 with an expected date of return of 18 December 2007.
4. The applicant was released from active duty on 31 January 2008. Item 18 (remarks) of his January 2008 DD Form 214 notes the applicant was "ordered to active duty in support of Operation Noble Eagle" but does not reflect deployment dates to Iraq.
5. The DA Form 4187 provided by the applicant in support of his request notes he was on TDY in Iraq from 31 October to 6 November.
6. Information obtained from the Defense Finance and Accounting Service indicated the applicant received basic pay, basic allowance for housing, and basic allowance for subsistence during his period of active duty, but there was no information on his pay account that he received hostile fire pay.
7. Army Regulation 635-5 (Separation Documents) states that a Reserve Soldier ordered to active duty and deployed to a foreign country will have the following statements entered in item 18 of his or her DD Form 214:
a. "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYMMDD-YYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. While the applicant does not specify the exact dates of his deployment to Iraq, the evidence available to the Board suggests that he departed Fort Gordon, Georgia, on 1 November 2007 en route to Baghdad, Iraq, via Charleston Air Force Base and was at the RSOI/Kuwait on 4 November 2007 for onward transportation. He again departed Fort Gordon on 20 November 2007 and was at the RSOI/Kuwait on 23 November 2007 for onward transportation.
2. The evidence does not support a conclusion the applicant was actually in Iraq from 1 November 2007 through 18 December 2007. Rather the evidence suggests he was likely in Iraq from on or about 2 November 2007 until 4 November 2007 and again from on or about 20 November 2007 to 23 November 2007.
3. While the evidence certainly confirms the applicant was in Iraq, the dates of his deployment are not entirely clear. However, given the dates of his authorized departure from Fort Gordon and his arrival in Kuwait, it would be appropriate and in the interest of justice to correct item 18 of his January 2008 DD Form 214 to reflect "SERVICE IN IRAQ/KUWAIT FROM 20071102-20071104 AND 20071120-20071123."
BOARD VOTE:
___X_____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the statement "SERVICE IN IRAQ/KUWAIT FROM 20071102-20071104 AND 20071120-20071123" to item 18 of his January 2008 DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing he was deployed to Iraq from 1 November 2007 to 18 December 2007.
_________XXX________________
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) AR20080018372
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ABCMR Record of Proceedings (cont) AR20080018372
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