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ARMY | BCMR | CY2009 | 20090009715
Original file (20090009715.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090009715 


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 that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his retirement, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show his service in Iraq.

2.  The applicant states that his service in Iraq is not shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and Enlisted Record Brief (ERB) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he retired from the Regular Army on 30 April 2009 after completing more than 20 years of active duty service with prior service in the U.S. Army Reserve.  Item 18 of his DD Form 214 reflects that he served in Southwest Asia from 5 December 1990 through 21 July 1991 and in Afghanistan on three occasions from 7 December 2001 through 10 February 2002, from 15 June 2002 through 15 September 2002, and from 13 June 2003 through 25 July 2003.  It does not show that he served in Iraq, but an inquiry to the Defense Finance and Accounting Service confirmed that he served in Iraq from 16 September 2004 through 19 November 2004.  The analyst for these proceedings contacted the applicant by electronic mail (e-mail) on 23 November 2009 requesting that he confirm the dates of his deployment to Iraq, as his ERB reflects that he served in Iraq from 6 January 2004 through 9 March 2004.  In an e-mail message, dated 23 November 2009, the applicant confirmed that his service in Iraq was from 16 September 2004 through 19 November 2004 and that the information regarding his service in Iraq on his ERB was incorrect.

2.  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.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 18 state, in pertinent part, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included in item 18 for an active duty Soldier deployed with his unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 18 of his DD Form 214 should be corrected to show his service in Iraq.

2.  Information from the Defense Finance and Accounting Service which was confirmed by the applicant clearly shows that he served in Iraq from 16 September 2004 through 19 November 2004.  Therefore, he is entitled to correction of his DD Form 214 to show that he served in Iraq from 16 September 2004 through 19 November 2004.

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 item 18 of the applicant's DD Form 214 be corrected by adding the entry, "SERVICE IN IRAQ FROM 20040916-20041119."



2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States throughout his military career, and especially during his multiple deployments, are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable 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.

ABCMR Record of Proceedings (cont)                                         AR20090009715



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ABCMR Record of Proceedings (cont)                                         AR20090009715



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