BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090009057
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) for the period ending 31 October 2008 to reflect his wartime service in Kuwait.
2. The applicant states that he served in Kuwait and Iraq from 19 May 2006 to 13 June 2007; however, his DD Form 214 does not reflect that service.
3. The applicant provides a copy of his DD Form 214; a copy of a FD MPD 2306 (United States Army Reserve Active Guard and Reserve (AGR) End of Tour Report), dated 14 June 2007, showing that he served in an imminent danger pay area of Iraq from 20 June 2006 to 11 June 2007; a copy of a Headquarters, Multi-National Corps-Iraq, Iraq Assistance Group, Baghdad, Iraq memorandum, subject: Statement of Service [pertaining to the applicant], dated 19 June 2007; and a copy of Headquarters, III Corps, Fort Hood, TX, Order 170-12, dated
19 June 2006 [his mobilization/deployment orders] in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 30 May 1999, the applicant was ordered to active duty in the AGR program. He was promoted to the rank/grade of master sergeant (MSG)/E-8 on 1 May 2002 and on 20 June 2006 he deployed to Kuwait/Iraq in support of Operation Iraqi Freedom (OIF). He departed the theater on 11 June 2007 and he was transferred to his unit at Fort McCoy, WI.
2. On 31 October 2008, he was transferred to Fort Knox, KY, where he was honorably retired in the rank of MSG. He had served 20 years, 3 months, and 16 days of total active service and he was transferred to the Retired List effective 1 November 2008.
3. His DD Form 214 issued at the time of his retirement reflects no foreign service and it does not reflect his service in Iraq/Kuwait during the period 20 June 2006 to 11 June 2007 for a period of 11 months and 22 days.
4. A review of his records also shows he was issued a DD Form 214 for the period ending 12 October 1997. This DD Form 214 shows he served 7 months and 9 days of foreign service in support of Operation Joint Guard and that he served in an imminent danger pay area in Bosnia from 15 March to 22 October 1997 and in Hungary from 2 October to 3 October 1997.
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 block 12f (Foreign Service) enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).
6. Army Regulation 635-5 further provides, in pertinent part, 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 SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)";
b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"; and
c. "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. It is clear that the applicant served in Iraq/Kuwait in support of OIF from
20 June 2006 to 11 June 2007 for a period of 11 months and 22 days of foreign
service. Accordingly, block 12f of his DD Form 214 should be corrected to reflect that he completed 11 months and 22 days of foreign service this period.
2. Additionally, block 18 of his DD Form 214 should be corrected to reflect his service in support of OIF during the period 20 June 2006 to 11 June 2007, to include the abovementioned required statements.
BOARD VOTE:
___x____ ___x___ ____x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from block 12f of his DD Form 214 for the period ending
31 October 2008 the entry "0000 00 00" and replacing it with the entry
"0000 11 22"; and
b. adding to block 18 of his DD Form 214 for the period ending 31 October 2008 the following:
(1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC SECTION 12301D";
(2) "SERVICE IN IRAQ/KUWAIT FROM 20060620 - 20070611"; and
(3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. 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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