IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090001450
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in Block 18 (Remarks) 20040710 as the end date of his service in Iraq.
2. The applicant states, in effect, the civilian typing service in Iraq entered the end date as 20030710 instead of 20040710.
3. The applicant provides the following documents in support of his application:
a. a DA Form 638 (Recommendation for Award), dated 19 December 2003, issued on 15 January 2004, and approved 20 March 2004, awarding him the Army Commendation Medal for the period 2 May 2003 to 30 April 2004;
b. an Army Commendation Medal Certificate for service from 1 May 2003 to 1 May 2004;
c. Orders 106-27, Headquarters, 1st Armored Division, Europe, dated 16 April 2003, directing a temporary change of station for the 2nd Battalion, 6th Infantry, for on or about 26 April 2003 to on or about 25 April 2004; and
d. a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired Regular Army Sergeant First Class (SFC/E-7).
2. The applicants Integrated Personnel Electronic Records Management System (iPERMS) record shows he served as an indirect fire infantryman. During the period in question, he was a member of Headquarters and Headquarters Company, 2nd Battalion, 6th Infantry, located in Germany.
3. The order provided by the applicant shows his unit was deployed to Kuwait in support of Operation Enduring Freedom for up to 365 days commencing on 26 April 2003. The order does not provide a roster of deployed Soldiers.
4. The applicants DA Forms 2166-8 (NCO Evaluation Report) for the periods February 2003 through January 2005 show he served in Operation Iraqi Freedom, but do not provide actual dates of assignment. His DD Form 214 shows he served in Iraq from 12 April 2003 through 10 July 2003.
5. The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) for service in a combat zone from 1 May 2003 through 31 December 2003, and from 1 May 2004 through 31 July 2004. A Soldier may be paid this special pay at the rate of $225 for any month in which he was entitled to basic pay. The monthly entitlement exists when a Soldier receiving basic pay performs duty for any part of the month subject to HFP/IDP.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should reflect service in Iraq from 20030412-20040710.
2. The applicant provides a DA Form 638 for the period May 2003-May 2004. This form shows the issuing headquarters issued orders on 15 January 2004; it also shows the approving authority did not approve the award until 20 March 2004. There are problems with accepting this document as supporting evidence of the applicants request.
a. The period of service only goes to 1 May 2004, yet the applicant submits it to support he served until 10 July 2004.
b. The issuing headquarters published the order on 15 January 2004, some 90 days before the through date of the service, and some 60 days before the approving authority actually approved the award.
3. The unit change of station orders published by 1st Armored Division show the applicants unit being ordered to deploy on or about 26 April 2003 in support of Operation Enduring Freedom for up to 365 days. This order does not contain a deployment roster verifying that the applicant was one of the Soldiers who deployed, and the dates of his deployment. Also, the orders specify Operation Enduring Freedom, yet the applicants DD Form 214 and his award certificate indicate service in Iraq (Operation Iraqi Freedom).
4. The Defense Finance and Accounting Service records show the applicant was deployed in a HFP/IDP area on some unknown date in May 2003 to some unknown date in December 2003, then he apparently returned to his Germany base before redeploying on some unknown date in May 2004 to some unknown date in July 2004. The exact dates are unknown because the DFAS pays HFP/IDP for a full month if the Soldier serves any portion of the month in a designated area.
5. The evidence submitted by the applicant and the evidence of record is insufficient to grant the applicants request. In the absence of evidence which clearly indicates the dates of his service in Iraq, the Board must presume administrative regularity in the preparation of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ __X_____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20090001450
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ABCMR Record of Proceedings (cont) AR20090001450
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