IN THE CASE OF:
BOARD DATE: 24 June 2010
DOCKET NUMBER: AR20090020806
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 block 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq.
2. The applicant states:
* his deployment dates in Iraq are only mentioned in block 18 (Remarks)
* according to the Department of Veterans Affairs (VA) his foreign service needs to also be annotated in block 12f of his DD Form 214
* block 12f shows that he never left the country, which is false
* this error is keeping him from attaining his VA benefits
3. The applicant provides a copy of:
* his DD Form 214
* his Enlisted Record Brief (ERB)
* a letter from the VA, dated 4 November 2009
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 28 January 2004.
2. His ERB shows he served in Iraq from 29 January 2005 through 15 January 2006 and from 24 October 2007 through 10 December 2008.
3. He was honorably released from active duty (REFRAD) on 10 March 2009 at the completion of his required active service.
4. Block 12f of his DD Form 214 shows the entry "0000 00 00" indicating no foreign service time. However, block 18 shows the entry "SERVED IN DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20050129-20060115//SERVICE IN IRAQ 20071024-20081210."
5. The applicant submit a letter from the VA, dated 4 November 2009, informing him of the discrepancy in the foreign service shown in block 12 and block 18 of his DD Form 214. He was advised to request amendment of his DD Form 214 to reflect the correct information.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, REFRAD, or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicant's DD Form 214 which resulted in the omission of his foreign service in block 12f.
2. The evidence of record supports his contentions he served two tours of duty in Iraq:
* 29 January 2005 through 15 January 2006 for a period of 11 months and 17 days
* 24 October 2007 through 10 December 2008 for a period of 1 year,
1 month, and 16 days
3. Based on the foregoing, block 12f of his DD Form 214 should be corrected to show a total of 2 years, 1 month, and 3 days of total 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 deleting from block 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 01 03."
_______ _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) AR20090020806
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ABCMR Record of Proceedings (cont) AR20090020806
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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