IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019262
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):
* In Block 11 (Primary Specialty 11B1O - INFANTRYMAN 1 YRS 9 MOS
* In Block 12f (Foreign Service) 0000 06 07 (Years Months Days)
2. The applicant states the above entries on his DD Form 214 are incorrect and require correction.
3. The applicant provides:
* His DD Form 214
* His DD Form 4/1 (Enlistment/Reenlistment Document)
* Orders #171-03, Headquarters, 1st Cavalry Division (Provisional)(Rear), Fort Hood, TX, dated 20 June 2007
* Orders 326-0127, Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 21 November 2008
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from 1 November 2006 through 24 November 2008. During his service, he had lost time from 1 September 2008 through 3 September 2008, a period of 3 days. When subtracting his lost time from his total service, his creditable service was 2 years and 21 days.
2. The applicant's Enlisted Records Brief (ERB) shows:
* He entered the Army on 1 November 2006 at the San Juan, PR, MEPS (Military Entrance Processing Station) and was transferred to Fort Sill, OK
* He was transferred to the DLIELC (Defense Language Institute English Learning Center), Lackland Air Force Base, TX for English language training on 8 November 2006
* He was transferred to Fort Benning, GA for infantry (MOS 11B) training on 12 January 2007
* He was transferred to Fort Hood for duty in MOS 11B1O on 14 May 2007
3. The applicant's ERB is silent on the issue of his foreign service; however, his Master Military Pay Account (MMPA) shows he received Imminent Danger Pay/Hostile Fire Pay and a Combat Zone Tax Exclusion from 10 July 2007 through 5 December 2007 for service in Kuwait.
4. The applicant's DD Form 214 shows no foreign service in Block 12f and service as an infantryman for 1 year and 9 months in Block 11.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It provides:
* For Block 11 (Primary Specialty) from the ERB, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and AIT
* For Block 12f (Foreign Service) from the ERB, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period)
DISCUSSION AND CONCLUSIONS:
1. The applicant wants Block 11 of his DD Form 214 to show 2 years and 11 months. He wants Block 12f to show 0000 years, 06 months, 07 days.
2. The applicant only served 2 years and 24 days (without subtracting lost time); it would be impossible for him to serve as an infantryman for 2 years and 11 months. Because service in an MOS does not start until the MOS is awarded, the figures in Block 11 are presumed correct.
3. The applicant served in Kuwait from 10 July 2007 through 5 December 2007, a period of 4 months and 26 days. This time should be reflected in Block 12f.
4. Insofar as the applicant's foreign service, Block 18 (Remarks) should contain the statement, "SERVICE IN KUWAIT FROM 20070710 20071205."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Correcting Block 12f of his DD Form 214 to show "0000 04 26"
* Correcting Block 18 of his DD Form 214 by adding SERVICE IN KUWAIT FROM 20070710 20071205
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to corrections to Block 11 of his DD Form 214 and showing 0000 06 07 in Block 21f of his DD Form 214.
_______ _ _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) AR20090019262
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ABCMR Record of Proceedings (cont) AR20090019262
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