IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100021751
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the correct service dates in Iraq.
2. The applicant states he served in Iraq from 21 November 2008 through 21 November 2009; however, his DD Form 214 incorrectly shows he served in Iraq from 5 January 2010 through 20 April 2010.
3. The applicant provides his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army on 3 January 2008 and was trained in and awarded military occupational specialty 19D (Cavalry Scout).
2. The applicant's record contains temporary change of station orders issued by the Military Personnel Division, Fort Wainwright, Alaska, on 15 August 2008. These orders directed the applicant's deployment to Iraq in support of Operation Iraqi Freedom for a period of 365 days and established his proceed date as 15 September 2008.
3. His official military personnel file (OMPF) contains an award certificate that confirms he was awarded the Army Commendation Medal for his meritorious service in Iraq from 22 September 2008 through 21 September 2009. It further shows this award was authorized and announced in official orders on 18 July 2009.
4. His record further shows the applicant departed absent without leave (AWOL) from his unit at Fort Wainwright, Alaska, on 5 January 2010 and that he remained away until returning to military control on 20 April 2010.
5. Defense Finance and Accounting Service (DFAS) pay records show the applicant received imminent danger pay/hostile fire pay (IDP/HFP) from 22 September 2008 through 21 September 2009.
6. On 8 June 2010, the applicant was separated with an under other than honorable conditions discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), in lieu of trial by court-martial. The DD Form 214 he was issued at the time shows he completed a total of 2 years, 1 month, and 20 days of creditable active military service and that he accrued 106 days of lost time due to AWOL between 5 January 2010 and 20 April 2010.
7. Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "SERVICE IN IRAQ 20100105-20100420" indicating the applicant served in Iraq from 5 January 2010 through 20 April 2010.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for item 18 state for active duty Soldiers deployed during the period covered by the DD Form 214 to enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he was deployed to Iraq from 21 November 2008 through 21 November 2009 has been carefully considered and found to have partial merit. Although it is clear the Iraq service dates entered in item 18 of his DD Form 214 are erroneous, it is equally clear the dates were not those claimed by the applicant.
2. The evidence of record confirms the applicant was deployed to and served in Iraq from 22 September 2008 through 21 September 2009 as evidenced by deployment orders and an award certificate in his OMPF. It is further verified by DFAS pay records that show he received IDP/HFP from 22 September 2008 through 20 September 2009.
3. The entry on the applicant's DD Form 214 related to his service in Iraq is clearly erroneous as evidenced by the fact the dates correspond to the AWOL dates that resulted in his discharge. Therefore, it would be appropriate to correct this entry accordingly.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 item 18 of his DD Form 214 by deleting the current Iraq service entry and replacing it with the entry "SERVICE IN IRAQ FROM 20080922-20090921."
2. The Board further determined 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 the Iraq service dates to show 21 November 2008 through 2 November 2009.
____________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) AR20100021751
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ABCMR Record of Proceedings (cont) AR20100021751
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