IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090017253
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 his combat time served in Afghanistan in support of Operation Enduring Freedom (OEF) from 27 June 2008 through 22 November 2008 be included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, his DD Form 214 does not show his foreign service.
3. The applicant provides:
* Memorandum for Record from his former commanding officer, dated 9 April 2009
* Permanent Orders 137-1, dated 16 May 2008
* Leave and Earning Statement (LES), dated October 2008
* Patient Movement Requests
* Patient Movement Record
* Patient Movement Record Progress Note
CONSIDERATION OF EVIDENCE:
1. On 12 July 2006, the applicant enlisted in the Regular Army for 4 years and he completed training as a health care specialist.
2. Permanent Orders 137-1 were published on 16 May 2008 deploying the unit to which the applicant was assigned to Afghanistan in support of OEF, effective 20 June 2008.
3. He was honorably discharge on 23 December 2008, under the provisions of Army Regulation 635-200, chapter 5-17, due to a condition, not a disability.
4. He is not credited with any foreign service on the DD Form 214 he was issued.
5. The applicant submits a copy of his LES showing he received hostile fire pay/imminent danger pay during the month of October 2008. The Patient Movement Requests show that he was deployed in support of OEF prior to being moved to Landstuhl Regional Medical Center in Germany with a destination to Darnall Army Medical Center at Fort Hood, Texas.
6. The Memorandum for Record the applicant submits from his former commanding officer, dated 9 April 2009, shows he deployed to Afghanistan in support of OEF on 27 June 2008 and he redeployed from the theater of operations on 22 November 2008.
7. Information obtained from the Defense Finance and Accounting Service reveals that per the applicant's Master Military Pay Account, he received hostile fire/imminent danger pay for service in Afghanistan from 26 June 2008 through 18 October 2008 and for service in Kuwait from 1 November 2008 through 3 November 2008.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214. 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 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant's foreign service was omitted from his DD Form 214.
2. The evidence of record supports his contention that he was deployed to Afghanistan in support of OEF from 27 June 2008 through 22 November 2008. His DD Form 214 should be corrected to credit him with his foreign service.
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 item 12f of his DD Form 214 to show he completed 0 years, 4 months, and 27 days of foreign service
* amending item 18 of his DD to add the entry, "SERVICE IN AFGHANISTAN FROM 20080627-20081122"
_______ _ __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) AR20090017253
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