IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100022948
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 correct dates of deployment in Iraq as from 28 May 2007 to 23 May 2008 and from 1 March 2009 to 12 February 2010.
2. He states his DD Form 214 incorrectly shows his dates of deployment in Iraq as 2 June 2007 to 28 March 2008 and 3 March 2009 to 12 February 2010. He adds the correct dates of 28 May 2007 to 23 May 2008 and 1 March 2009 to
12 February 2010 are based on his leave and earnings statements.
3. He provides a copy of his DD Form 214 and his Enlisted Record Brief (ERB).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 31 March 2006. He was honorably released from active duty on 3 August 2010. He completed 4 years,
4 months, and 3 days of creditable active service this period.
2. Item 12f (Foreign Service) of his DD Form 214 shows the entry "0001 09 07" indicating he completed 1 year, 9 months, and 7 days of foreign service during this period of service.
3. Item 18 (Remarks) of his DD Form 214 shows the entry "Service in Iraq 20070602 - 20080328" and "Service in Iraq 20090303 - 20100212."
4. Section I - Assignment Information of his ERB shows he served in Iraq from 28 May 2007 to 23 May 2008 and from 1 March 2009 to 12 February 2010.
5. During the processing of this case, a staff member of the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's foreign service. Based on a review of the applicant's Master Military Pay Account (MMPA) he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 3 June 2007 through 27 May 2008 and from 3 March 2009 through 11 February 2010 while assigned in Kuwait/Iraq.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, states for:
* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period)
* item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's ERB shows he served in Iraq from 28 May 2007 to
23 May 2008 and from 1 March 2009 to 12 February 2010, DFAS verified he received HF/IDP and CZTE from 3 June 2007 through 27 May 2008 and from
3 March 2009 through 11 February 2010 while assigned in Kuwait/Iraq. Therefore, his DD Form 214 should be corrected to show these dates of deployment in item 18 of his DD Form 214.
2. The applicant's DD Form 214 shows he completed 1 year, 9 months, and
7 days of foreign service during this period of service. However, based on the dates provided by DFAS, the applicant's adjusted deployment dates total 1 year, 11 months, and 4 days of foreign service. Therefore, his DD Form 214 should be corrected accordingly.
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 "0001 09 07" and replacing it with the entry "0001 11 04"; and
b. deleting from item 18 of his DD Form 214 the entry "Service in Iraq 20070602 - 20080328" and "Service in Iraq 20090303 - 20100212" and replacing it with the entry "Service in Kuwait/Iraq from 20070603 - 20080527 and 20090303 - 20100211."
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 dates of service in Iraq from 28 May 2007 to 23 May 2008 (20070528 - 20080523) and
1 March 2009 to 12 February 2010 (20090301 - 20100212).
___________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) AR20100022948
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ABCMR Record of Proceedings (cont) AR20100022948
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