IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100017530
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 31 July 2007 to show his correct service in Iraq.
2. He states, in effect, that his DD Form 214 incorrectly shows his service in Iraq from 12 August 2005 through 11 August 2006 instead of showing 12 August
2005 through 5 December 2006. He states that his tour in Iraq was extended 120 days past the through date shown on his DD Form 214. He concludes that he is presently a federal employee and his service computation for leave purposes cannot be accurately calculated since his service Iraq on his DD Form 214 is incorrect.
3. He provides a copy of:
* his DD Form 214
* his Enlisted Record Brief (ERB), prepared on 20 March 2007
* a memorandum from Headquarters, 172nd Stryker Brigade Combat Team, Operation Iraqi Freedom, dated 7 October 2006, subject: Extension of the 172nd Stryker Brigade Combat Team
* Detachment A, 203rd Personnel Services Battalion, Fort Wainwright, AK, Orders 130-310, dated 10 May 2005
* his DA Form 2166-8 (NCO [Noncommissioned Officer] Evaluation Report) for the period 1 June 2006 through 1 April 2007
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 13 July 1984 and he successfully completed basic and advanced individual training. He was awarded military occupational specialty (MOS) 72E (Telecommunications Center Operator). He was later awarded MOS 25Y (Information Systems Chief).
2. Detachment A, 203rd Personnel Services Battalion, Orders 130-310, dated
10 May 2005, show that Headquarters and Headquarters Company (HHC), 172nd Stryker Brigade Combat Team would be deployed in Support of Operation Iraqi Freedom (OIF) and assigned to the Multi-National Brigade Northwest, Mosul, Iraq effective 24 August 2005.
3. Headquarters, 101st Airborne Division (Air Assault), Tikrit, Iraq, Permanent Orders Number 064-044D, dated 5 Mar 2006, show he was awarded the Bronze Star Medal for meritorious service in OIF for the period 15 July 2005 through 15 August 2006 while assigned to HHC, 172nd Stryker Brigade Combat Team.
4. A record of deployment memorandum from Headquarters, 172nd Stryker Brigade Combat Team, dated 7 October 2006; show his 12-month deployment in support of OIF that began in August 2005 was involuntarily extended in Iraq for an additional 4 months in order to conduct operations in Baghdad, Iraq.
5. On 6 December 2006, he departed Iraq.
6. Section - I (Assignment Information) of his ERB, prepared on 20 March 2007, shows he was deployed to Iraq for the period 15 August 2005 through
6 December 2006.
7. The applicant retired by reason of sufficient service for retirement on 31 July 2007.
8. Item 12f (Foreign Service) of his DD Form 214 for the period ending 31 July 2007 shows the entry "0006 09 28" indicating he completed 6 years, 9 months, and 28 days of foreign service. Item 18 (Remarks) shows he was deployed to Iraq during the period 12 August 2005 through 11 August 2006.
9. On 22 November 2010, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in a combat zone and received hostile fire/
imminent danger pay (HF/IDP) during the period 16 August 2005 through
6 December 2006 in Iraq.
10. 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 preparation of the DD Form 214. For Item 12f, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period). In item 18, for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
The applicant contends that his service in Iraq is incorrect and it should be changed to read 12 August 2005 through 6 December 2006 instead of 12 August
2005 through 11 August 2006. The evidence provided by DFAS and his ERB are accepted as sufficient evidence to show he served in Iraq from 15 August
2005 through 6 December 2006. Therefore, item 12f of his DD Form 214 should be corrected to show he completed 7 years, 1 month, and 20 days of foreign service and item 18 should be corrected to show he served in Iraq from
15 August 2005 through 6 December 2006.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDAT ION:
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 in item 12f of his DD Form 214 the entry "0006 09 28" and replacing it with the entry "0007 01 20"; and
b. deleting from item 18 of his DD Form 214 the entry "SERVICE IN IRAQ -- 20050812 - 20060811" and replacing it with the entry "SERVICE IN IRAQ FROM 20050815 - 20061206."
2. The Board further determined that the evidence presented was 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 his DD Form 214 to show he served in Iraq from "20050812 - 20061205."
_______ _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) AR20100017530
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017530
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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