IN THE CASE OF:	  

		BOARD DATE:	  19 May 2009

		DOCKET NUMBER:  AR20090002275 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all his foreign service credit.

2.  The applicant states, in effect, that his DD Form 214 with a separation date of 11 November 2008 should reflect two foreign service tours in Iraq with the first tour from 20 February 2005 to 10 January 2006 and the second tour from 12 May 2007 to 6 July 2008.

3.  The applicant provides a copy of his DD Form 214, temporary change of station orders with a manifest, and two unit attachment orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Regular Army through the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 17 February 2004 for a 4-year period.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).

2.  The applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 11 November 2008.  The DD Form 214 he was issued shows that he completed 4 years, 8 months, and 25 days of net active service during this enlistment period.  


3.  Item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 shows his foreign service credit was 11 months and 12 days.  Item 18 (Remarks) of his DD Form 214 shows that he served one tour in an imminent danger pay area with specific service in Iraq from 20 February 2005 to 10 January 2006. 

4.  The Defense Finance and Accounting System (DFAS) maintains Soldiers financial records of all pay and allowances paid to them during their periods of service.  The DFAS computerized system shows that the applicant received hostile fire pay for two different periods of service in an imminent danger pay zone.  The first tour was from 21 February 2005 to 8 January 2006 and the second tour was from 13 May 2007 to 6 July 2008 in Iraq/Kuwait. 

5.  Headquarters, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault) Permanent Order Number 358-024, dated 24 December 2007, awarded the applicant the Army Commendation Medal for exemplary service during Operation Iraqi Freedom 06-08.  This permanent award order shows the applicant's period of service in Iraq was from 15 May 2007 to 25 July 2008.

6.  As supporting evidence, the applicant provided the following documents:

	a.  Headquarters, Fort Stewart and Hunter Army Airfield, Permanent Orders 81-9, dated 22 March 2007, directed the 2nd Brigade Combat Team and its support elements to deploy on temporary change of station orders effective on or about 9 May 2007.  The temporary change of station location shown on this order is Iraq.  This order has a manifest attached to it that identifies the applicant by name, rank, and Social Security Number. 

	b.  Headquarters, Fort Stewart and Hunter Army Airfield, Permanent Orders 81-8, dated 22 March 2007, attached 1st Battalion, 64th Armor Maneuver Battalion, and additional units to the 2nd Brigade Combat Team effective 1 April 2007.  

	c.  Headquarters, Fort Stewart and Hunter Army Airfield, Permanent Orders 81-4, dated 22 March 2007, attached multiple companies to include A Company, 1st Battalion, 64th Armor (Rifle) to 1st Battalion, 64th Armor (Maneuver), effective 1 April 2007. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.  In item 18 for active duty Soldiers deployed to a foreign country with their unit during their continuous period of active service enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM YYYYMMDD -YYYYMMDD.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that all his foreign service credit is not properly recorded on his DD Form 214 with a separation date of 11 November 2008.

2.  The DFAS computerized record shows that the applicant received hostile fire pay for two separate periods of deployment.  The first tour period was from
21 February 2005 to 8 January 2006 and the second tour was from 13 May 2007 to 6 July 2008, with both tours in Iraq/Kuwait.  The applicant provided temporary change of station orders with a manifest and unit attachment orders that show his unit was assigned to 2nd Brigade Combat Team with temporary duty in Iraq effective on or about 9 May 2007.  As such, it is evident that he only served in Iraq.  In addition, DFAS records verify an arrival date of 13 May, not 12 May, 2007.

3.  As a result of adding the applicant's second tour in Iraq to his DD Form 214, it is also necessary to correct item 12F of this form to reflect his additional period of foreign service.

4.  Based on the applicant's service in Iraq in support of Operation Iraqi Freedom, it is appropriate to add his second tour in Iraq to item 12f and add an entry in item 18 of his DD Form 214 with a separation date of 11 November 2008 to show his service in Iraq by adding the entry "SERVICE IN IRAQ FROM 20070513 - 20080706."  

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: 
	a.  deleting from item 12f of the applicant's DD Form 214 the entry "0000 11 12" and replacing it with the entry "0002 00 06"; and

	b.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20070513 – 20080706."

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 arrived in Iraq on 12 May 2007.




   _________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)                                         AR20090002275



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ABCMR Record of Proceedings (cont)                                         AR20090002275



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