IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100020778 


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) to show his place of entry on active duty as Newark, New Jersey and the correct dates of his deployments to Iraq and Afghanistan.

2.  The applicant states Item 7a (Place of entry into Active Duty) on his DD Form 214 is misspelled "Newmark."  It should be spelled "Newark."  He also contends his dates of deployment should be:

	a.  Iraq from 19901005 - 19910404; and

	b.  Afghanistan from 20020516 - 20021103.

3.  The applicant provides copies of his DD Form 214; a memorandum [partial] showing his dates of deployment in Southwest Asia; and Permanent Orders 
J-040-055, Combined/Joint Task Force 180, dated 23 October 2002.

CONSIDERATION OF EVIDENCE:

1.  On 18 February 1987, the applicant enlisted in the Regular Army.  His enlistment contract shows he initially entered active duty in Newark, New Jersey.  He completed his initial training and was awarded military occupational specialty (MOS) 74D (Chemical Operations Specialist).

2.  A partial copy of a memorandum provided by the applicant indicates he served in Southwest Asia from 5 October 1990 to 4 April 1991 and he was authorized wear of the right shoulder sleeve insignia, the National Defense Service Medal, and the Southwest Asia Service Medal with campaign star.  This document is stamped "Promotion Document do not Remove" with date stamps of 20 June and 10 December 1991.  The memorandum contains the names of
23 individuals who appear to have been members of the same organization.  The dates of deployment varied for each individual.

3.  Permanent Orders J-040-055, Combined/Joint Task Force 180, dated 
23 October 2002, awarded the applicant the Joint Service Commendation Medal for the period 16 May to 3 November 2002, for outstanding achievement while in support of Operation Enduring Freedom.

4.  The Defense Finance and Accounting Service (DFAS) records show the applicant received imminent danger pay for service in Afghanistan from 15 May through 7 November 2002.

5.  On 30 September 2007, the applicant retired due to sufficient service.  He had no break in service.  He attained the rank of sergeant first class, pay grade E-7, and completed 20 years, 7 months, and 13 days of creditable active service.

6.  Item 7a of the applicant's DD Form 214 shows "Newmark, New Jersey."

7.  Item 18 (Remarks) of the applicant’s DD Form 214 shows the following data pertaining to his deployments:

	a.  Service in Iraq 19900601 - 19910101; and

	b.  Service in Afghanistan 20000519 - 20001219.

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The Soldier's initial enlistment contract is the source document for determining the place of entry in Item 7a of the DD Form 214.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his place of entry into the Regular Army as Newark, New Jersey.  He also contends his dates of service for deployment should show:

* Service in Iraq 19901005 - 19910404
* Service in Afghanistan 20020516 - 20021103

2.  The evidence of record clearly shows that the applicant entered active duty in Newark, New Jersey.  Therefore, his DD Form 214 should be corrected to show this location.

3.  The dates of deployment to Iraq on the applicant's DD Form 214 differ from the dates shown in the memorandum provided by the applicant.  The memorandum appears to have been prepared at or about the time of the actual deployment.  It shows specific dates that vary for each individual.  Furthermore, this document appears to have been used as a basis for promotion consideration.  Accordingly, it is reasonable to presume that the applicant's actual deployment was more closely aligned with the memorandum than with the dates shown on the DD Form 214.  Therefore, his DD Form 214 should be corrected to show he served in Iraq from 5 October 1990 to 4 April 1991.

4.  The dates of deployment to Afghanistan shown on the applicant's DD Form 214 differ considerably [2000 vice 2002] from the dates shown in the DFAS records and on the orders awarding him the Joint Service Commendation Medal. The applicant contends that his DD Form 214 should be corrected to show the dates on the award order which begin a day later than the DFAS record and end 4 days earlier than the DFAS record.  In this case, it would be reasonable to presume that the period of the award began sometime after his arrival in theater and ended just prior to his departure.  Therefore, his DD Form 214 should be corrected to show he served in Afghanistan from 15 May 2002 to 7 November 2002.

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 amending his DD Form 214 to:

	a.  delete the entry in Item 7a and adding "Newark, New Jersey";

	b.  delete from Item 18 "Service in Iraq 19900601 – 19910101"; and "Service in Afghanistan 20000519 – 20001219"; and

	c.  add to Item 18 "Service in Iraq 19901005 - 19910404; and Service in Afghanistan 20020515 - 20021107."

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 showing the applicant's deployment to Afghanistan as 20020516 - 20021103.




__________ _   _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)                                         AR20100020778



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ABCMR Record of Proceedings (cont)                                         AR20100020778



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