IN THE CASE OF:
BOARD DATE: 2 March 2010
DOCKET NUMBER: AR20090014839
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) to show all of his overseas service.
2. The applicant states he served in Iraq from 16 March 2004 through 19 March 2005 and from 1 April 2007 through 1 October 2007. His DD Form 214 only credits him with his first period of overseas service.
3. The applicant provides a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was retired due to physical disability.
2. The applicant enlisted in the Regular Army on 19 November 2002. He completed his initial training and was awarded military occupational specialty 88M (Motor Transport Operator).
3. On 21 May 2003, the applicant was assigned for duty at Fort Hood, Texas.
4. The applicant served in Iraq during the period from 16 March 2004 through 19 March 2005 (1 year and 4 days).
5. The applicant was promoted to sergeant, pay grade E-5, effective 1 March 2006.
6. The applicant served in Iraq from 1 April through 1 October 2007 (6 months).
7. The applicant's Enlisted Record Brief, dated 31 July 2008, states the applicant served in Iraq from 16 March 2004 through 19 March 2005.
8. A DA Form 199 (Physical Evaluation Board Proceedings), dated 12 December 2008, states the applicant received a traumatic brain injury from three explosions of improvised explosive devices during a 3-day period in Iraq during August 2007.
9. On 22 March 2009, the applicant was retired in the rank of sergeant. He had completed 6 years, 6 months, and 18 days of creditable active duty service.
10. Item 12 (Record of Service) of the applicant's DD Form 214 shows in item 12f (Foreign Service): 1 year and 4 days. Item 18 (Remarks) states, in part, that the applicant served in Iraq from 16 March 2004 through 19 March 2005 and from 1 April 2007 through 1 October 2007.
11. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that the individual's record of service will be recorded in item 12. Item 12f records all overseas service during the current period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show all of his overseas service.
2. The available evidence shows that the applicant served in Iraq on two occasions for a total of 1 year, 6 months, and 4 days. This service should be entered in item 12f of his DD Form 214.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 showing in item 12f of his DD Form 214: 1 year, 6 months, and 4 days.
____________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) AR20090014686
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ABCMR Record of Proceedings (cont) AR20090014839
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