BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090020980
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 item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his third deployment in Iraq.
2. The applicant states:
* His third deployment is not listed on his DD Form 214
* This deployment is listed on his Enlisted Record Brief (ERB)
3. The applicant provides a copy of his ERB in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 22 November 2005, he served as a radio operator/maintainer, and was released from active duty on
21 November 2009.
2. Item 18 on the applicant's DD Form 214 shows, among other items, he served in Iraq from 6 July 2007 to 10 October 2007 and from 10 April 2008 to 13 July 2008.
3. Section 1 (Assignment Information) on the applicant's ERB shows three deployments to Iraq:
* 6 July 2007 to 10 October 2007
* 10 April 2008 to 13 July 2008
* 10 December 2008 to 28 May 2009
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay during the periods:
* 6 July 2007 through 10 October 2007 in Iraq
* 10 April 2008 through 9 July 2008 in Iraq
* 9 December 2008 through 28 May 2009 in Iraq
5. 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 third deployment in Iraq is not shown on his
DD Form 214 but it is reflected on his ERB. His ERB shows he served his third deployment in Iraq from 10 December 2008 to 28 May 2009. However, DFAS records show he served in Iraq from 9 December 2008 to 28 May 2009.
2. The DFAS information which shows the applicant served in Iraq from
9 December 2008 to 28 May 2009 is accepted as sufficient evidence on which to amend item 18 on the applicants DD Form 214 to show his third deployment in Iraq. Therefore, item 18 on his DD Form 214 should be corrected to show he served in Iraq from 9 December 2008 to 28 May 2009.
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 adding the entry "SERVICE IN IRAQ FROM 20081209-20090528" to item 18 on 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) AR20090020980
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ABCMR Record of Proceedings (cont) AR20090020980
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