IN THE CASE OF:
BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090008635
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 2008 to show in item 12f (Foreign Service) that he served 2 years, 1 month, and 2 days of foreign service. He also requests that item 18 (Remarks) be corrected to read that he served in an imminent danger pay area in Kuwait/Iraq from 24 February 2006 to 20 May 2007.
2. The applicant states, in effect, that his DD Form 214 should be corrected to show that he served 2 years, 1 month, and 2 days of foreign service and that he served in an imminent danger pay area in Kuwait/Iraq from 24 February 2006 to 20 May 2007.
3. The applicant provides a copy of his DD Form 214, dated 31 August 2008; a copy of his mobilization orders, dated 18 January 2003; and a copy of a memorandum for record from his unit administrator, dated 8 May 2009, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 30 September 1980 and has continued to serve through a series of continuous reenlistments. He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 16 January 2002.
2. He was ordered to active duty on 21 January 2003 in support of Operation Enduring Freedom (OEF) at Fort Dix, NJ. He served until he was honorably released from active duty (REFRAD) on 5 December 2003 under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required service. There is no evidence to show that he ever deployed overseas during that period. Additionally, information received from the Defense Finance and Accounting Service (DFAS) indicates that he served stateside during that period.
3. He was again ordered to active duty in support of OEF on 24 February 2006. Information received from DFAS indicates that he served in Kuwait/Iraq from 22 April 2006 to 10 April 2007 (11 months and 19 days). On 31 August 2008, he was honorably REFRAD due to completion of required service. His DD Form 214 issued at the time of REFRAD shows no foreign service in item 12f and reflects no service in an imminent danger pay area in item 18.
4. On 18 June 2009, a DD Form 215 (Correction to DD Form 214) was issued to reflect in item 12f of his DD Form 214 that he had served 1 year and 6 months of foreign service and that he had served in a designated imminent danger pay area and had service in Iraq/Kuwait from 20 April 2006 to 19 October 2007.
5. Army Regulation 635-5 (Personnel Separations - 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 a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
a. "ORDERED TO ACTIVE DUTY IN SUPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYMMDD YYYMMDD)."
c. SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. A DD Form 215 was issued to correct item 12f of his DD Form 214 for the period ending 31 August 2008. However, the information on the DD Form 215 appears to be incorrect.
2. The DD Form 215 indicates that the applicant served 1 year and 6 months of foreign service and that he served in Kuwait/Iraq from 20 April 2006 to
19 October 2007. However, information received from DFAS shows that he received imminent danger pay from 22 April 2006 to 10 April 2007, which is 11 months and 19 days.
3. Therefore, in the absence of evidence to show that he served more foreign service in Kuwait/Iraq than the 11 months and 19 days during the period 22 April 2006 to 10 April 2007, it must be presumed that the information provided by DFAS is correct and his records should be corrected 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 showing that he served 11 months and 19 days of foreign service and that he served in an imminent danger pay area in Kuwait/Iraq from 22 April 2006 to
10 April 2007.
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 his records to show that he served 2 years, 1 month, and 2 days of foreign service and that he served in Kuwait/Iraq from 24 February 2006 to 20 May 2007.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the
United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_____ _ _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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