IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090001361
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 his records be corrected to show he served in Iraq from 26 November 2007 to 26 October 2008.
2. The applicant states his period of service in Iraq is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides copies of his DD Form 214 and a DA Form 4856 (Developmental Counseling Form) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 October 2006, completed training, and was awarded the military occupational specialty 63M (Bradley Fighting Vehicle Systems Maintainer).
2. The applicant's Enlisted Record Brief (ERB) shows overseas deployment from 27 November 2007 through 28 October 2008.
3. A review of the applicant's military pay records shows he was in receipt of imminent danger pay from 1 November 2007 through 31 December 2008.
4. Orders A-10-821522, published by the Landstuhl Regional Medical Center on 25 October 2008 reassigned the applicant from Iraq to Fort Hood, Texas. The orders show a reporting date to the transition point of 25 October 2008. The applicant's ERB shows an incoming personnel assignment date at Fort Hood of 30 October 2008.
5. The applicant was discharged under honorable conditions on 18 December 2008. The DD Form 214 does not list any foreign service.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service. In pertinent part, it states that the total amount of foreign service completed during the period covered is to be recorded in block 12f (Foreign Service) and the period and country of foreign service served in a region for which imminent danger pay is authorized will be recorded in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant states his period of service in Iraq is not listed on his DD Form 214.
2. Based on the evidence shown on the ERB and in concert with his redeployment orders, the applicant is shown to have served in Iraq from on or about 27 November 2007 through on or about 28 October 2008, a period of 11 months and 2 days. It is appropriate to correct his records to show this period of foreign service. Therefore, the applicant's DD Form 214 in block 12f should read 11 months and 2 days and in block 18 should show his service in Iraq from 27 November 2007 through 28 October 2008.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X ___ ___X ___ 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 including :
a. in block 12f, 11 months and 2 days; and
b. in block 18, service in Iraq from 27 November 2007 through 28 October 2008.
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 the specific dates of foreign service of 26 November 2007 through 26 October 2008.
_________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) AR20090001361
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ABCMR Record of Proceedings (cont) AR20090001361
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