IN THE CASE OF:
BOARD DATE: 2 JUNE 2009
DOCKET NUMBER: AR20090003386
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he had 2 years, 3 months, and 30 days of foreign service.
2. The applicant states that his first period of overseas service is not reflected on his DD Form 214.
3. The applicant provides a copy of a DD Form 2796 (Post-Deployment Health Assessment) and a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 27 January 2003, the applicant enlisted in the U.S. Army Reserve (USAR) in Gahanna, Ohio, for 8 years, in the pay grade of E-1 under the Delayed Entry Program (DEP). He was discharged from the DEP on 4 March 2003 and he enlisted in the Regular Army (RA) on 5 March 2003 for a period of 4 years. He successfully completed his training and was awarded military occupational specialty (MOS) 68W (health care specialist).
2. On 25 March 2008, the applicant was honorably released from active duty (REFRAD) upon completion of required active service and transferred to a USAR unit in Backlick, OH to complete his remaining Reserve obligation. The applicant completed 5 years and 21 days of net active service this period.
3. Item 18 (Remarks) of the DD Form 214 that he was furnished shows that he served in a designated imminent danger pay area, which was service in Iraq, from 19 October 2006 through 7 January 2008. This 1 year, 2 months, and
19 days of service is reflected on his DD Form 214 in item 12f (Foreign Service).
4. Information obtained from the Defense Finance and Accounting Service (DFAS), dated 23 March 2009, reveals that the applicant served in Kuwait from
9 January 2004 through 20 February 2005. However, this period of foreign service is not included on his DD Form 214 in item 12f or in item 18.
5. The applicant's DD Form 2796 shows he arrived in Kuwait on 9 January 2004 and arrived in Iraq on 23 March 2004. It further shows he departed the Southwest Asia theater on 20 February 2005. This deployment period from
9 January 2004 to 20 February 2005 equals 1 year, 1 month, and 11 days of foreign service.
6. 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 item 12f, from the Soldiers official record, enter the total amount of foreign service completed during the period covered by the DD Form 214.
7. The separation documents regulation also 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 that item 12f on his DD Form 214 should be correct to show that he had 2 years, 3 months, and 30 days of foreign service.
2. His contentions have been noted and found to have merit. While the 1 year,
2 months, and 19 days that he served in Iraq during the period from 19 October 2006 to 7 January 2008 is properly reflected in item 12f on his DD Form 214, his first deployment to Kuwait and Iraq is not. In accordance with the information
obtained from officials at the DFAS, he was in Kuwait from 9 January 2004 through 20 February 2005, for a period of 1 year, 1 month, and 11 days. His
DD Form 2796 further breaks this deployment down to service in Kuwait from 9 January 2004 through 22 March 2004 and in Iraq from 23 March 2004 through 20 February 2005. Accordingly, this foreign service should be included on his DD Form 214. The total foreign service time equals 2 years, 3 months, and 30 days. However, since 30 days is considered to be a full month when calculating time; his DD Form 214 should be corrected to show that he had 2 years and 4 months of foreign service. Therefore, item 12f of his DD Form 214 should be corrected accordingly.
3. Additionally, in accordance with the applicable regulation, his service and dates of service during his first deployment to Kuwait and Iraq should be included in item 18 on his DD Form 214. Therefore, item 18 of his DD Form 214 should include the entry "SERVICE IN KUWAIT FROM 20040109 20040322" and "SERVICE IN IRAQ FROM 20040323 - 20050220."
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. deleting from item 12f of the applicant's DD Form 214 the entry "0001 02 19" and replacing it with the entry "0002 04 00";
b. adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN KUWAIT FROM 20040109 20040322"; and
c. adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20040323 20050220."
__________XXX____________
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) AR20090003386
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