IN THE CASE OF:
BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018225
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) for the period ending 15 May 2009 to show his combat time in Iraq.
2. The applicant states it does not show any combat time.
3. The applicant provides a DA Form 4980-14 (Army Commendation Medal Certificate) and a portion of a DA Form 638 (Recommendation for Award) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant completed prior active service. He enlisted in the Regular Army on 3 January 2006.
2. The applicant provided a DA Form 4980-14 which shows he was awarded the Army Commendation Medal for service during Operation Iraqi Freedom from 12 September 2006 to 11 September 2007.
3. The applicant was released from active duty on 15 May 2009.
4. Item 12f (Foreign Service) of his 15 May 2009 DD Form 214 does not show any foreign service.
5. Item 18 (Remarks) of his DD Form 214 does not show he served in Iraq in support of Operation Iraqi Freedom.
6. In an electronic mail message, dated 11 March 2010, the Defense Finance and Accounting Service (DFAS) indicated the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) from 12 September 2006 through 26 July 2007 for service in Kuwait.
7. 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. It states that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 does not show his combat time in Iraq. There is sufficient evidence on which to grant the relief requested.
2. Although the applicant was awarded the Army Commendation Medal for service during Operation Iraqi Freedom from 12 September 2006 to 11 September 2007, his military pay records at DFAS show he received IDP/HFP and CZTE from 12 September 2006 through 26 July 2007 for service in Kuwait.
3. The applicant's military pay records are accepted as sufficient evidence as a basis to amend item 18 of his 15 May 2009 DD Form 214 to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20060912-20070726."
4. It would also be appropriate to amend item 12f of the applicant's 15 May 2009 DD Form 214 to reflect 10 months and 15 days of 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:
a. amending item 12f of his 15 May 2009 DD Form 214 to add the entry "0000 10 15" and
b. amending item 18 of his 15 May 2009 DD Form 214 to add the entry "SERVICE IN KUWAIT/IRAQ FROM 20060912-20070726."
___________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) AR20090018225
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