BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010308 


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) for the period ending 29 April 2009 (hereafter referred to as his DD Form 214 in question) to show the date he entered active duty this period (item 12a) as 29 February 2008 instead of 1 March 2009.  He also requests the following changes to his DD Form 214:

* item 12c (Net Active Service this Period) to show "01 02 00"
* item 18 (Remarks) to show the dates he was ordered to active duty from a U.S. Army Reserve unit in support of Operation Iraqi Freedom (OIF) as 20080229-20090429 instead of 20080229-20090228
* item 18 to show the dates of his deployment in Iraq in support of OIF as 20080229-20090413 instead of 20080329-20080413 

2.  The applicant states to the best of his recollection he initially reported to Fort Jackson, SC when he was recalled to active duty on 29 February 2008.  He states after a short leave he was returned to Fort Benning and then sent to Kuwait for a few days.  He then states he reported to the 3d Infantry Division in Iraq where he served until 13 April 2009 and upon his return from Iraq he was assigned to Fort Drum until his separation on 29 April 2009.

3.  The applicant provides a copy of the following:

* Headquarters United States Army Infantry Center Permanent Orders 
93-15, dated 2 April 2008
* a training schedule, dated 8 April 2008 (for training in Kuwait)
* a Memorandum for Record, dated 6 May 2008, from Camp Shocker, Iraq indicating he was assigned to the 3d Infantry Division
* his DA Form 31 (Request and Authority for Leave), dated 30 September 2008, from Camp Shocker, Iraq for the period 3-17 October 2008
* a printout from www.emilpo.ahrs.army.mil of 29 April 2009 that documents his active duty from 29 February 2008 through 29 April 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U.S. Army Reserve on 12 June 2007 in pay grade E-4.  He was awarded the military occupational specialty (MOS) of 09L (translator aide).  The highest pay grade he held was E-4.

2.  A DD Form 214 contained in his records shows he served on active duty for training during the period 14 August 2007 to 29 February 2008.

3.  Directorate of Human Resources, Fort Jackson, SC memorandum, subject: Correction of DD Form 214, dated 11 March 2008, stated the applicant had a primary MOS of 09L and should not have been issued a DD Form 214 after completion of Advanced Individual Training (AIT).  It further stated this was an error and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) should be issued reflecting this correction.

4.  He provided a copy of Headquarters, United States Army Infantry Center Permanent Orders 93-15, dated 2 April 2008, showing unit deployment in a Temporary Change of Station (TCS) effective 29 March 2008.  His name appears in Annex A of this document.

5.  335th Signal Command (Theater) Orders 08-252-00002, dated 8 September 2008, show he was directed to report to TSC Support Unit Detachment 17 effective 29 February 2008 and then to Fort Benning on 3 March 2008 for the purpose of mobilization for OIF for a period of 365 days.

6.  A training schedule, dated 8 April 2008, indicates he participated in training at Camp Buehring in Kuwait on that date.

7.  A Multinational Center, memorandum for record, dated 6 May 2008, from Camp Shocker, Iraq stated he was assigned to the 3d Infantry Division and he was unable to return to the United States until the completion of his tour in March 2009.

8.  A DA Form 31 shows he was approved for Rest and Recuperation Leave for the period 3 to 17 October 2008.  The unit address on the document is in Iraq.
9.  A Perstempo Individual Event History listing for the applicant shows he served in a named operation during the period 20080229 to 20090413.

10.  A Task Force Gauntlet Memorandum, subject: Statement of Wartime Service, dated 10 April 2009, indicates his period of service in Iraq, Southwest Asia Central Command (CENTCOM) Area ended on 13 April 2009.

11.  His DD Form 214 in question shows he was discharged on 29 April 2009 for misconduct.

12.  His DD Form 214, item 18 shows:

* he served in a designated imminent danger pay area with service in Iraq during the period 20080229-20090413
* he was ordered to active duty from a U.S. Army Reserve unit in support of OIF during the period 20080229-20090228
* service in Iraq during the period 20080329-20080413 (second entry)

13.  An ABCMR letter to the applicant, dated 7 January 2010, stated that Defense Finance and Accounting Service (DFAS) could not confirm your deployment to Iraq. 

14.  A Retirement Points Detail printed from the Integrated Web Services (IWS) on 13 October 2010 shows he served on active duty continuously beginning on 14 August 2007.

15.  Army Regulation 635-5 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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.

16.  Army Regulation 635-5 also prescribes that for a Reserve Soldier ordered to active duty and deployed to a foreign country; enter the following three statements in succession in item 18 of the DD Form 214:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)";

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"; and

	c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  Based on the Directorate of Human Resources, Fort Jackson, memorandum stating the applicant's DD Form 214 covering his AIT period was issued in error and the Retirement Points Detail printout from the Integrated Web Services (IWS) showing he served on active duty continuously beginning on 14 August 2007 it would be appropriate to:

	a.  void his DD Form 214 for the period 14 August 2007 to 29 February 2008;

	b.  amend item 12a of his DD Form 214 in question to read "20070814";

	c.  amend item 12c to read "00010816"; and

	d.  amend item 12d (Total Prior Active Service) to read "00000000."

2.  Item 18 of his DD Form 214 appears to contain duplicate entries for his service in Iraq with the first entry appearing to have the correct dates as constituted and as the applicant requests.

3.  Regulatory policy does not provide for entering the dates a Soldier is on active duty in support of an operation following the operation name and section of Title 10 U.S. Code.  As such, there is an insufficient basis for amending item 18 of his DD Form 214 to show he served in support of OIF during the requested period.  However, it would be appropriate to delete the following entry from the last two lines of item 18, "20080229-20090228; SERVICE IN IRAQ:  20080329-20080413 IMMINENT DANGER PAY AREA" which is both in error and not prescribed.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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.  voiding his DD Form 214 for the period 14 August 2007 to 29 February 2008;

	b.  amending item 12a of his DD Form 214 in question to read "20070814";

	c.  amending item 12c of his DD Form 214 in question to read "00010816";

	d.  amending item 12d (Total Prior Active Service) of his DD Form 214 in question to read "00000000"; and

	e.  deleting the following entry, "20080229-20090228;  SERVICE IN IRAQ:  20080329-20080412" on the next to last line in item 18.

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 the following corrections to his DD Form 214 in question:

	a.  item 12a to read "20080229";

	b.  item 12c to read "00010200"; and

	c.  item 18 to read "ORDERED TO ACTIVE DUTY IN SUPPORT OF IRAQI FREEDOM 20080229-20090429."




      _______ _  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)                                         AR20100010308



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ABCMR Record of Proceedings (cont)                                         AR20100010308



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