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ARMY | BCMR | CY2009 | 20090000212
Original file (20090000212.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        21 MAY 2009

		DOCKET NUMBER:  AR20090000212 


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 deployment to Iraq.

2.  The applicant states he served in Iraq from 31 October 2006 to 3 January 2007 but it is not reflected on his DD Form  214.

3.  The applicant provides a copy of his deployment orders, dated 14 August 2006; his temporary change of station orders, dated 30 December 2006; and his Soldier Deployment History Out-Processing Report, dated 26 June 2007, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  After having prior active and inactive service, the applicant enlisted in the Regular Army on 14 August 2006.

2.  Headquarters, XVIII Airborne Corps and Fort Bragg, Orders 226-046, dated 14 August 2006, show the applicant's unit, 23rd Military Police Company, was reassigned to the U.S. Central Command area of responsibility in support of Operation Iraqi Freedom with a proceeding date of on or about 1 November 2006.

3.  The applicant provided his Soldier Deployment History Out-Processing Report, dated 26 June 2007, which shows his deployment dates as 31 October 2006 to 3 January 2007 and that he was credited with 64 days.
4.  The applicant was discharged on 27 June 2007.  Item 12f (Foreign Service) of his DD Form  214 does not show any foreign service.

5.  Item 18 (Remarks) of his DD Form 214 does not show he served in Iraq in support of Operation Iraqi Freedom.
 
6.  Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received imminent danger pay (IDP)/hostile fire pay (HFP) from 1 October 2006 to 31 December 2006 for service in Kuwait.

7.  Army Regulation 635-5 (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 item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he served in Iraq from 31 October 2006 to 3 January 2007.

2.  The Soldier Deployment History Out-Processing Report, dated 26 June 2007, shows the applicant was deployed in support of Operation Iraqi Freedom from 31 October 2006 to 3 January 2007.

3.  The applicant's military pay records at DFAS show he received IDP/HFP from 1 October 2006 to 31 December 2006 (months of arrival to and departure from the HFP area are counted as whole months) for service in support of Operation Iraqi Freedom.

4.  The applicant's military pay records combined with his personal statements and his Soldier Deployment History Out-Processing Report are accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 to show the entry "SERVICE IN IRAQ FROM 20061031-20070103."  In addition, it would be appropriate to amend item 12f of his DD Form 214 to reflect 2 months and 4 days of foreign service.



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.  amending item 18 of his DD Form 214 to show the entry "SERVICE IN IRAQ FROM 20061031-20070103" and

	b.  amending item 12f of his DD Form 214 to show the entry "0000 02 04."



      __________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)                                         AR20090000212



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ABCMR Record of Proceedings (cont)                                         AR20090000212



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