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ARMY | BCMR | CY2009 | 20090017279
Original file (20090017279.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090017279 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and Korea.

2.  The applicant states his foreign service should be reflected and documented properly.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 16 January 2003.  He was awarded the military occupational specialty of infantryman.  He reenlisted for 4 years on 19 July 2005.  The highest rank/grade he held during his service was sergeant/E-5.

2.  On 18 July 2009, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 6 years, 6 months, and 3 days of active service.

3.  The applicant's DD Form 214, item 12f, shows "0000  00  00."

4.  The applicant's Enlisted Record Brief shows "20050119-20060121 KU" in Section I (Assignment Information - Overseas/Deployment Combat Duty).

5.  Item 18 (Remarks) of the applicant's DD Form 214 contains the entry, "SERVICE IN KUWAIT 20050119-20060121."

6.  In the processing of this case a member of 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 period 21 January 2005 to 18 January 2006.

7.  His Enlisted Record Brief shows he was assigned to Camp Casey, Korea, during the period 9 January 2007 to 10 March 2008.

8.  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.  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 HFP/IDP for Kuwait during the period 21 January 2005 to 18 January 2006.  His Enlisted Record Brief and DD Form 214 show he served in Kuwait during the period 19 January 2005 to 21 January 2006 for a total of 1 year and 3 days.  As such, the preponderance of evidence indicates he served in Kuwait during the period 19 January 2005 to 21 January 2006.

2.  His Enlisted Record Brief indicates he served 1 year, 2 months, and 2 days in Korea.

3.  It is noted that the specific location of foreign service is generally not shown on the DD Form 214 except as prescribed for deployments in item 18.  Though the applicant served in support of Operation Iraqi Freedom, there is insufficient evidence to show he actually served in Iraq.

4.  As such, since the preponderance of evidence indicates a combined total of 2 years, 2 months, and 5 days of foreign service in Kuwait and Korea, it would be appropriate to correct item 12f of his DD Form 214 to show "0002  02  05."

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0002  02  05."




      _____________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)                                         AR20090017279



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ABCMR Record of Proceedings (cont)                                         AR20090017279



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