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ARMY | BCMR | CY2009 | 20090005985
Original file (20090005985.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090005985 


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) to show he served a total of 13 years and 9 months of foreign service and to show he served in Iraq from 15 July 2007 to 14 October 2008.

2.  The applicant states his tours in Germany, Iraq, and Kuwait were not calculated into his total foreign service time and his last tour in Iraq was not annotated in his DD Form 214 as the unit had recently redeployed when the DD Form 214 was completed.

3.  The applicant provides copies of deployment orders for his tour in Iraq and a DA Form 4037 (Officer Record Brief) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the U.S. Army Reserve on 19 May 1984 and entered active duty on 20 June 1986.  He was placed on the Retired List effective 1 February 2009 in the rank of lieutenant colonel.

2.  Block 12f (Foreign Service) of the applicant's DD Form 214 shows he served a total of 7 years, 7 months, and 4 days of foreign service.

3.  Block 18 (Remarks) of the applicant's DD Form 214 shows, in pertinent part, he served in Iraq from 15 March 2005 to 15 March 2006 and in Kuwait from 1 February 2007 to 14 April 2007.
4.  Section I (Assignment Information, Overseas/Deployment/Combat Duty) and Section IX (Assignment Information) of the applicant's DA Form 4037 show the applicant completed the following overseas assignments:

	a.  Panama – 14 June 1991 to 1 May 1994 (2 years, 10 months, and 18 days),

	b.  Hawaii – 9 August 1996 to 31 August 1999 (3 years and 23 days),

	c.  Germany – 31 August 2001 to 1 March 2005 (3 years, 6 months, and 2 days),

	d.  Iraq – 15 March 2005 to 15 March 2006 (1 year and 1 day),

	e.  Kuwait – 2 months [DD Form 214 shows service in Kuwait from 1 February 2007 to 14 April 2007 for 2 months and 14 days].

5.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay from 1 July 2007 to 31 October 2008.

6.  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.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's 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.

7.  Army Regulation 635-5 also states that for block 12f, enter the total amount of foreign service completed during the amount of service this period from the Enlisted Record Brief/Officer Record Brief.

8.  Army Regulation 635-5 further 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 block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show 13 years and 9 months of foreign service and to show he served in Iraq from 15 July 2007 to 14 October 2008 has been carefully reviewed and found to have partial merit.

2.  The evidence of record shows the applicant served a total of 11 years, 10 months, and 28 days of foreign service.  Therefore, block 12f of his DD Form 214 should be corrected to show this fact.

3.  The DFAS information combined with the applicant's statement is accepted as sufficient evidence with which to amend block 18 of the applicant's DD Form 214 to show he served a second tour of duty in Iraq from 15 July 2007 to 14 October 2008.

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 block 12f of his DD Form 214 to show 11 years, 10 months, and 28 days of foreign service and amending block 18 of his DD Form 214 by adding the entry "SERVICE IN IRAQ FROM 20070715-20081014."

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 correcting block 12f of the applicant's DD Form 214 to show he served 13 years and 9 months of foreign 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)                                         AR20090005985



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ABCMR Record of Proceedings (cont)                                         AR20090005985



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