DOCKET NUMBER: AR20090002336
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) with the period ending 4 June 2007 to show he deployed to Iraq on two separate occasions. He further requests that the foreign service on his DD Form 214 be corrected.
2. The applicant states that his DD Form 214 incorrectly shows he served in support of Operation Enduring Freedom (OEF). He states that he was deployed twice to Iraq in support of Operation Iraqi Freedom (OIF) and that his service in Iraq is not shown on his DD Form 214.
3. The applicant provides his DD Form 214; Headquarters, 1st Armored Division, Support Command Permanent Orders 170-18, dated 18 June 2004; Headquarters, 1st Armored Division, Support Command Permanent Orders
259-7, dated 16 September 2005; Headquarters, United States Army Garrison Fort Sill, Oklahoma Orders 334-300-4-93, dated 30 November 2005; a DA Form 4856 (Deployment Counseling Form), dated 20 June 2006; and Headquarters, 164th Corps Support Group Permanent Orders 296-025, dated 31 October 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 June 2003 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).
2. The applicant's Enlisted Record Brief (ERB), dated 22 May 2007, shows in (Section I - Assignment Information) that he was assigned in Germany from
29 October 2003 to 15 November 2005 and he was deployed to Iraq from
12 December 2003 to 4 August 2004 (while assigned in Germany).
3. Headquarters, 164th Corps Support Group Permanent Orders 296-025, dated 31 October 2006, show that the applicant was awarded the Army Commendation Medal for meritorious service while assigned as a driver during Operation Iraqi Freedom IV from 18 January 2006 to 4 January 2007.
4. On 4 June 2007, the applicant was honorably released from active duty after completing 4 years of creditable active service.
5. The applicant's DD Form 214 for the period ending 4 June 2007 shows he was awarded the Army Commendation Medal (3rd Award), Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, and the Overseas Service Ribbon (2nd Award). Item 12f (Foreign Service) of his DD Form 214 shows the entry "0002" year(s), "00" month(s), and "20" day(s) and item 18 (Remarks) erroneously shows the applicant served in support of OEF [Afghanistan] for the period 12 December 2003 through 4 August 2004.
6. On 25 February 2009, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Iraq during the period 19 January 2006 through 7 January 2007.
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 Item 12f, from the ERB, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).
8. Army Regulation 635-5 further states, in pertinent part, 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 contends that his DD Form 214 should be changed to show he served in Iraq instead Afghanistan. His ERB shows that he served in Iraq in support of OIF for the period 12 December 2003 through 4 August 2004 and DFAS confirmed that he also deployed during the period 19 January 2006 through 7 January 2007. Therefore, Item 18 of his DD Form 214 should be corrected to read "SERVICE IN IRAQ FROM 20031212-20040804 AND FROM 20060119-20070107."
2. The applicant's ERB shows he was assigned in Germany and deployed to Iraq between 29 October 2003 through 15 November 2005. Item 12f of his DD Form 214 only shows his foreign service for that period as"0002" year(s), "00" month(s), and "20" days. His second deployment to Iraq for the period
19 January 2006 through 7 January 2007 is not reflected in item 12f. Therefore, item 12f of his DD Form 214 should be corrected to show "0003" year(s), "00" month(s), and "09" 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. deleting from item 12f of the applicant's DD Form 214 the entry "0002 00 20";
b. adding to item 12f of the applicant's DD Form 214 the entry "0003 00 09";
c. deleting from item 18 of the applicant's DD Form 214 the entry "SERVICE IN OEF 20031212-20040804"; and
d. adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20031212-20040804 AND FROM 20060119-20070107."
_________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.
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