IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090013484
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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service for the periods of January 2004 to February 2005 and February 2008 to February 2009.
2. The applicant states his record does not include his deployments to Iraq for these two periods of time.
3. The applicant provides a Service Member Deployment History Outprocessing Verification printout, deployment order, and active duty order in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he enlisted in the Regular Army on 29 April 1998 after prior service in the Alabama Army National Guard and served until he was released from active duty on 4 May 2005. He enlisted in the U.S. Army Reserve on 5 January 2006 and is currently assigned to a troop program unit.
2. A Service Member Deployment History Outprocessing Verification printout for the period 18 July 2001 and 25 February 2005 shows the applicant served with a unit in support of a named contingency during the period 4 January 2004 to 1 February 2005. Permanent Order 365-0003, dated 31 December 2003, provided by the applicant shows the same unit was scheduled to deploy to Kuwait in support of Operation Iraqi Freedom on 4 January 2004.
3. The applicant's automated Enlisted Record Brief shows he returned from Iraq in February 2005 after serving 13 months.
4. The applicant's DD Form 214 for the period ending 4 May 2005 shows he was discharged from active duty for completion of required active service after completing 7 years and 6 days of active military service. Item 12f (Foreign Service) contains the entry "0000 00 00."
5. 81st Regional Readiness Command Orders 08-016-00068, dated 16 January 2008, show the applicant was ordered to active duty on 11 February 2008 for 400 days in support of Iraqi Freedom.
6. Item 18 (Remarks) of the applicant's DD Form 214 ending 14 February 2009 contains the entry, "SERVICE IN KUWAIT/IRAQ 20080422-20090121."
7. Item 12f of the applicant's DD Form 214 for the period ending 14 February 2009 contains the entry "0000 09 00."
8. In the processing of this case the Board's staff contacted the Defense Finance and Accounting Service (DFAS). DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Kuwait for the periods 6 January 2004 to 1 February 2005 and 1 April 2008 to 31 January 2009.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).
DISCUSSION AND CONCLUSIONS:
1. DFAS records show the applicant received IDP for Kuwait during the period 6 January 2004 to 1 February 2005. While evidence in his records indicates he deployed on 4 January 2004, he would likely not have arrived overseas until 6 January 2004. As such, since the preponderance of evidence indicates he served in Kuwait/Iraq during the period 6 January 2004 to 1 February 2005, it would be appropriate to correct item 12 of his DD Form 214 for the period ending 4 May 2005 to show 1 year and 26 days of foreign service.
2. DFAS records show the applicant received IDP for service in Kuwait during the period 1 April 2008 to 31 January 2009. HFP/IDP is paid in full months. As such, the dates the applicant received HFP/IDP does not in and of itself establish the exact dates the applicant served in Iraq or Kuwait.
3. Item 12f and a calculation of the period of service in Kuwait/Iraq entered in item 18 of the applicant's DD Form 214 for the period ending 14 February 2009, show he served in Kuwait/Iraq for a period of 9 months. Since the foreign service entry appears to be correctly constituted on this DD Form 214, there is no basis for changing this entry on his DD Form 214.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 deleting the entry "0000 00 00" in item 12f of his DD Form 214 for the period ending 4 May 2005 and adding the entry "0001 00 26."
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 including his deployment service for the period February 2008 to February 2009 in his foreign service since it appears to be correct as constituted.
_____________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) AR20090013484
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ABCMR Record of Proceedings (cont) AR20090013484
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