IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100009044
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 the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty):
* Item 12c (Net Active Service This Period)
* Item 12f (Foreign Service)
2. The applicant states, in effect, he served in the Regular Army (RA) from
27 August 2007 to 14 July 2009. He also states item 12c of his DD Form 214 shows he completed 1 year, 7 months, and 18 days of total active service but it should show 1 year, 10 months, and 18 days. He further states he was deployed to Iraq from August to December 2008 but item 12f of his DD Form 214 does not show his foreign service nor does his DD Form 214 show the actual dates he served in Iraq.
3. The applicant provides a copy of his DD Form 214 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the RA on 27 August 2007.
2. On 14 July 2009, the applicant was honorably discharged. Item 12c of his DD Form 214 shows he completed a total of 1 year, 7 months, and 18 days of
creditable active service. Item 29 (Dates of Time Lost During This Period) shows a total of 90 days of lost time from 15 September 2009 through 14 July 2009.
3. Item 12f of his DD Form 214 does not show any foreign service.
4. Item 18 (Remarks) of his DD Form 214 does not show any foreign combat service in Iraq.
5. In an e-mail to a staff of the Board, dated 16 July 2010, the Defense Finance and Accounting Service (DFAS) stated the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) from 8 September 2008 through
31 December 2008. His combat zone in DFAS is listed as Kuwait.
6. Army Regulation 635-5 (Separation Documents) 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. The instructions state that for the entry in block 12c, enter the amount of service this period, computed by subtracting blocks 12a from 12b. Lost time under 10 USC 972, if any, is deducted.
DISCUSSION AND CONCLUSIONS:
1. Although his official record does not reflect his service in Iraq, his pay records clearly show he received HF/IDP and CZTE from 8 September to 31 December 2008. Therefore, his DD Form 214 should be corrected to show the following:
a. item 12f of his DD Form 214 should be corrected to show "0000 03 24"
b. item 18 should be corrected to show "SERVICE IN KUWAIT/IRAQ FROM 20080908 - 20081231."
2. Evidence of record shows the applicant entered active duty on 27 August 2007 and was discharged on 14 July 2009 which is 1 year, 10 months, and 18 days. However, evidence of record shows the applicant had 90 days lost time under Title 10 USC 972 from 15 April 2009 to 14 July 2009. Therefore, item 12c of his DD Form 214 correctly reflects his net active service.
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:
a. deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 03 24" and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20080908-20081231."
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 correcting item 12c of his DD Form 214 to show "0001 10 18."
__________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) AR20100009044
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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