IN THE CASE OF:
BOARD DATE: 9 April 2010
DOCKET NUMBER: AR20090015224
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 30 November 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Kuwait and Iraq.
2. The applicant states that he served in Camp Beuring, Kuwait, from 1 April 2006 to 20 April 2006 and Camp Liberty/Victory, Iraq, from 7 June 2008 to 10 July 2009 [sic].
3. The applicant provides a copy of his DD Form 214, mobilization orders, travel authorization orders, and temporary change of stations (TCS) orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the United States Army Reserve and was ordered to active duty on 1 November 2004 in support of Operation Enduring Freedom. He was honorably released from active duty on 30 November 2008 by reason of completion of required active service.
2. The applicant provided a copy of Travel Authorization Number 6G0002 issued by the 4th Brigade, 87th Division, Fort Stewart, GA, dated 27 March 2006, that show he was directed to travel from Fort Gillem, GA, to Camp Beuring, Kuwait, and return for a period of 20 days to attend training. His departure date was listed as 1 April 2006.
3. The applicant also provided TCS Orders 151-005, issued by Headquarters, Fort McPherson, GA, dated 30 May 2008, that show he was deployed in Support of Operation Iraqi Freedom. His will proceed date was listed as on or about 31 May 2008 for 60 days unless directed otherwise by the Commander, U.S. Army Human Resources Command, Alexandria, VA.
4. Item 12f (Foreign Service) of the applicant's DD Form 214 does not show he served overseas. However, item 18 (Remarks) of this form shows that the applicant was mobilized in support of Operation Enduring Freedom.
5. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) for the month of April 2006 while assigned in Kuwait. However, the exact dates of his deployment during the month of April could not be verified. DFAS also verified that the applicant received HF/IDP and CZTE from 8 June 2008 to 10 July 2008 while assigned in Kuwait.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief (ERB) during the period covered in item 12f. Additionally, the regulation states that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter in item 18 the following three statements in succession:
a. "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER TITLE 10, U.S. CODE (applicable section)."
b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)."
c. "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. DFAS verified that the applicant received HF/IDP and CZTE for the month of April 2006. Although his exact dates of deployment in April 2006 could not be verified, the information contained on the travel authorization is sufficient evidence to substantiate his claim that he served in Kuwait from 1 April 2006 to 20 April 2006.
2. Additionally, DFAS' verification of the applicant's deployment in Kuwait from 8 June 2008 to 10 July 2008 is consistent with the applicant's claim and TCS orders.
3. Based on the foregoing, his records should be corrected to show he completed a total of 1 month and 23 days of foreign service this period.
4. His records should also be corrected to show his deployments to Kuwait/Iraq from 1 April 2006 to 20 April 2006 and from 8 June 2008 to 10 July 2008 during this period of service.
5. Item 18 of for this period should also be corrected to include the three required statements as stated above.
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 amending his DD Form 214 for the period ending 30 November 2008 by:
a. deleting from item 12f the entry "0000 00 00" and replacing it with the entry "0000 01 23" and
b. deleting from item 18 the entry "MOBILIZED IN SUPPORT OF OPERATION ENDURING FREEDOM//" and
c. adding to item 18 the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM PER TITLE 10, U.S. CODE, SECTION 12301//SERVICE IN KUWAIT FROM "20060401 - 20060420" and KUWAIT/IRAQ FROM "20080607 - 20080710//
SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
___________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) AR20090015224
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