IN THE CASE OF:
BOARD DATE: 18 AUGUST 2009
DOCKET NUMBER: AR20090005511
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 block number 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in support of Operation Iraqi Freedom from 6 September 2003 through 15 September 2004.
2. The applicant states that the dates of his service in Iraq are reflected incorrectly on his DD Form 214 and they are reflected correctly on his Certificate of Achievement for his service during Operation Iraqi Freedom.
3. The applicant provides a copy of his DD Form 214 and a copy of his Operation Iraqi Freedom Certificate of Achievement.
CONSIDERATION OF EVIDENCE:
1. On 18 June 2002, the applicant enlisted in the Regular Army in Sioux Falls, South Dakota, for 4 years, in the pay grade of E-2. He successfully completed his training as an infantryman.
2. The orders transferring the applicant to Iraq and the orders returning him to the Continental United States are not available.
3. The applicants records show that he was honorably released from active duty (REFRAD) on 26 June 2007 under the provisions of Army Regulation 635-200, chapter 4, at the completion of his required service and he was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
4. Block number 18 on the DD Form 214 that he was furnished at the time of his REFRAD shows that he served in Iraq from 5 September 2003 through 15 September 2006.
5. Information obtained from the Defense Finance and Accounting Service (DFAS) shows that the applicant was receiving hostile fire pay from 1 September 2003 through 30 September 2004.
6. The Certificate of Achievement that the applicant submitted in support of his appeal shows that he served as a member of the Task Force All American during Operation Iraqi Freedom in Iraq from 6 September 2003 until 15 September 2004.
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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that block number 18 on his DD Form 214 should be corrected to show that he served in support of Operation Iraqi Freedom from 6 September 2003 through 15 September 2004.
2. The applicants contentions have been considered and determined to have merit. The Certificate of Achievement that he submitted in support of his appeal shows he served in Iraq from 6 September 2003 until 15 September 2004.
3. Additionally, the information obtained from DFAS shows he received hostile fire pay from 1 September 2003 through 30 September 2004. Therefore, it is reasonable to presume that his service in Iraq was from 6 September 2003 through 15 September 2004 as reflected on the Certificate of Achievement that he submitted.
4. In view of the foregoing, it would now be in the interest of justice to correct the applicants records as recommended below.
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 amending block number 18 on his DD Form 214 to show he served in Iraq from
6 September 2003 through 15 September 2004.
_______ _ XXX_______ ___
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) AR20090005511
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ABCMR Record of Proceedings (cont) AR20090005511
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