IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090010837
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, that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployments in Kuwait and Iraq. He also requests that item 12f (Foreign Service) be corrected to show this service.
2. The applicant states, in effect, that he served in Kuwait in support of Operation Enduring Freedom from 31 May 2002 to 10 September 2002 and he served in Kuwait/Iraq in support of Operation Iraqi Freedom from 10 January 2003 to 1 June 2003. He believes it was an oversight, not an injustice.
3. The applicant provides copies of orders for the Bronze Star Medal and the Army Achievement Medal, a DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)), his DD Form 214, and amendment orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 February 1985 and served as a field artillery sergeant. He remained on active duty through continuous reenlistments until he retired in the rank of master sergeant on 30 September 2006.
2. Item 12f of the applicant's DD Form 214 shows he served 7 years, 3 months, and 9 days of foreign service. Item 18 of his DD Form 214 does not show any deployments.
3. Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in a combat zone receiving hostile fire/imminent danger pay during the periods 25 June 2002 to 11 September 2002 (2 months, 17 days) and 11 January 2003 to 3 June 2003 (4 months, 23 days) in Kuwait (a total of 7 months and 10 days).
4. In support of his claim, the applicant provided an NCOER covering the period January 2003 through December 2003 and orders for the Bronze Star Medal and the Army Achievement Medal which corroborate that he was deployed to Kuwait and Iraq.
5. 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. It 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 item 18.
6. Army Regulation 635-5 also states that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that he served in Kuwait from 31 May 2002 to 19 September 2002 and Kuwait/Iraq from 10 January 2003 to 1 June 2003, DFAS records show he was deployed to Kuwait from 25 June 2002 to 11 September 2002 and Kuwait/Iraq from 11 January 2003 to 3 June 2003.
2. The DFAS information which shows the applicant served in Kuwait and Iraq are accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait from 25 June 2002 to 11 September 2002 and Kuwait/Iraq from 11 January 2003 to 3 June 2003.
3. Since it cannot be determined whether or not the applicant's deployment time is already included in item 12f of his DD Form 214, there is insufficient evidence on which to amend item 12f of the applicant's DD Form 214.
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 adding the entry "SERVICE IN KUWAIT FROM 20020625-20020911" and "SERVICE IN KUWAIT/IRAQ FROM 20030111-20030603" to item 18 of his DD Form 214.
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 amending item 12f of his DD Form 214 or amending item 18 of his DD Form 214 to show he served in Kuwait from 31 May 2002 to 19 September 2002 and Kuwait/Iraq from 10 January 2003 to 1 June 2003.
____________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) AR20090010837
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ABCMR Record of Proceedings (cont) AR20090010837
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