IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090003368
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 that item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq.
2. The applicant states, in effect, that item 12f on his DD Form 214 does not show any foreign service and that he served two separate tours in Iraq (11 May 2003 to 15 July 2004 and 14 January 2006 to 28 February 2007).
3. The applicant provides temporary change of station orders, deployment orders, Memoranda for Record (three), and a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 January 2002. He trained as a motor transport operator and was released from active duty on 29 May 2007 in the rank of sergeant.
2. Item 12f on the applicant's DD Form 214 does not show any foreign service. Item 18 (Remarks) on his DD Form 214 states, in pertinent part, "SERVICE IN IRAQ 20030505 - 20040723//SERVICE IN IRAQ 20060117 - 20070222."
3. The applicant provided a Memorandum for Record, dated 12 June 2004, which states, in pertinent part, that he served with Headquarters Battery, 2nd Battalion, 3rd Field Artillery Regiment, 1st Brigade in support of the 1st Armored Division Task Force during Operation Iraqi Freedom from 11 May 2003 to 15 July 2004.
4. The applicant also provided a Memorandum for Record, dated 1 February 2007, which states, in pertinent part, that he was assigned to 2nd Battalion,
3rd Field Artillery Regiment, 1st Brigade, 1st Armored Division in support of Operation Iraqi Freedom 05-07 from 14 January 2006 to 28 February 2007.
5. 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 Soldier's records, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period). The regulation also 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:
Item 18 on the applicant's DD Form 214 shows he served in Iraq from 5 May 2003 to 23 July 2004 and from 17 January 2006 to 22 February 2007. However, the applicant's confirmation of service in Iraq and the memoranda for record provided by the applicant show he served in Iraq from 11 May 2003 to 15 July 2004 (1 year, 2 months, and 5 days) and from 14 January 2006 to 28 February 2007 (1 year, 1 month, and 15 days). These memoranda are accepted as sufficient evidence in which to amend items 12f and 18 of the applicants DD Form 214.
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 the entry in item 12f on his DD Form 214;
b. deleting the entry "SERVICE IN IRAQ 20030505 - 20040723//SERVICE IN IRAQ 20060117 - 20070222" in item 18 on his DD Form 214;
c. adding the entry "0002 03 20" in item 12f on his DD Form 214; and
d. adding the entry "SERVICE IN IRAQ 20030511-20040715//SERVICE IN IRAQ 20060114-20070228" in item 18 on his DD Form 214.
_______ _ _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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