IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090003930
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show Korea instead of Kuwait/Iraq.
2. The applicant states that entries in item 18 on his DD Form 214 show he served in Kuwait/Iraq from 19 December 2002 to 16 December 2003 and from
10 July 2006 to 2 July 2007; however, he did not serve in Kuwait/Iraq. He contends that he served in Korea during both periods.
3. The applicant provides a copy of his Enlisted Record Brief (ERB); a copy of his DD Form 214; and a copy of a DD Form 215 (Correction to DD Form 214) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 11 February 2000. He completed the required training and he was awarded military occupational specialty (MOS) 95B (military police), which was later converted to MOS 31B. On 5 January 2009, he was honorably discharged by reason of physical disability with severance pay, non-combat related.
2. Item 12f (Foreign Service) on the applicant's DD Form 214 shows he served
2 years, 5 months, and 20 days of foreign service. Item 18 on his DD Form 214 states, in pertinent part, "SERVICE IN KUWAIT/IRQ (sic) 20060710-20070702//
SERVICE IN KUWAIT/IRAQ 20021219-20031216."
3. Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in Korea from 19 December 2002 to 15 December 2003 and from 10 July 2006 to 2 July 2007.
4. In support of his claim, the applicant provided a copy of his ERB which shows he served in Korea from 19 December 2002 to 16 December 2003 and from
10 July 2006 to 2 July 2007. It also shows he served in Yugoslavia from
26 November 2000 to 24 May 2001, for a total of 2 years, 5 months, and
20 days.
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. Only deployments in an imminent/hostile fire zone will be reflected. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant served in Korea during the periods
19 December 2002 to 16 December 2003 and 10 July 2006 to 2 July 2007. Since the applicant's tours in Korea were not deployments in an imminent/hostile fire zone, and there is no provision to show duty assignments on the DD Form 214 other than the unit of assignment upon separation, there is no basis for amending the entries in item 18 on his DD Form 214. His service in Korea is properly reflected in item 12f (Foreign Service) on his DD Form 214.
2. However, the entries in item 18 on his DD Form 214 which state "SERVICE IN KUWAIT/IRQ (sic) 20060710-20070702//SERVICE IN KUWAIT/IRAQ 20021219-20031216" are obviously incorrect as confirmed by the applicant. Therefore, it would be appropriate to delete these entries from the applicant's DD Form 214.
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 deleting from item 18 of the applicant's DD Form 214 the entry "SERVICE IN KUWAIT/IRQ (sic) 20060710-20070702//SERVICE IN KUWAIT/IRAQ 20021219-20031216."
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 amending item 18 to show service in "Korea" instead of "Kuwait/Iraq."
___________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) AR20090003930
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ABCMR Record of Proceedings (cont) AR20090003930
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