BOARD DATE: 6 August 2009
DOCKET NUMBER: AR20090005336
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 Iraq service dates listed in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 20 December 2008, be corrected to read 10 February 2007 through 19 April 2008, instead of 10 February 2008 through 19 April 2008.
2. The applicant states, in effect, that after reviewing his DD Form 214, he noticed that his Iraq service dates in item 18 were incorrect and did not reflect the fact he had actually served in Iraq for a little over 14 months from 10 February 2007 through 19 April 2008.
3. The applicant provides the following documents in support of his application: Self-Authored Statement; DD Form 214; DA Form 4037 (Officer Record Brief); Headquarters, 1st Infantry Division and Fort Riley, Fort Riley, Kansas, Permanent Orders (PO) Number (#) 200-604, dated 13 December 2006; Headquarters, 1st Infantry Division, PO # 003-606, dated 3 January 2008; and Leave and Earning Statements (LESs), dated 1 February 2007 through 30 April 2008.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows that he was appointed a second lieutenant on 5 August 2005 and entered extended active duty on 15 August 2005 as a Field Artillery officer.
2. On 20 December 2008, the applicant was honorably discharged under
the provisions of Paragraph 3-5, Army Regulation 600-8-24, for miscellaneous/general reasons. The DD Form 214 he was issued at the time confirms he completed a total of 3 years, 4 months and 6 days of active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty: Army Commendation Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with Campaign Star, Army Service Ribbon, and Overseas Service Ribbon.
Item 18 shows he served in Iraq from 10 February 2008 through 19 April 2008.
3. A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) for Iraq during the period 1 February 2007 through 30 April 2008, and that his actual dates of service in Iraq were from 8 February 2007 through 17 April 2008.
4. The applicant provides Headquarters, 1st Infantry Division and Fort Riley, Fort Riley, Kansas, PO # 200-604, dated 13 December 2006, which directed the deployment of the applicant's unit to Iraq in support of OIF on or about February 2007. No unit personal roster was provided with these orders.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214. The instructions for item 13 state, in pertinent part, to list all awards and decorations for all periods of service. The instructions for item 18 state, in pertinent part, that for active duty Soldiers deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)
DISCUSSION AND CONCLUSIONS:
The applicant's request that the dates of his Iraq service in item 18 of his
DD Form 214 be corrected to read 10 February 2007 through 19 April 2008 was carefully considered and found to have partial merit. The evidence of record confirms his actual dates of service in Iraq was from 8 February 2007 through
17 April 2008, as evidenced by the official DFAS pay record. Therefore, it would be appropriate to correct item 18 of his DD Form 214 accordingly.
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 amending his DD Form 214, dated 20 December 2008, by deleting the Kuwait/Iraq service entry in item 18 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ 20070208-20080417" and by providing him a correction to his DD Form 214 that reflects this change.
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 further correction of the dates of his Kuwait/Iraq service.
_______ _ __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) AR20090005336
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ABCMR Record of Proceedings (cont) AR20090005336
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