IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100026434
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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Kuwait for 1 year.
2. The applicant states he was a member of the 3rd Battalion, 297th Infantry, Alaska Army National Guard (AKARNG), from 6 July 2005 to 17 October 2007. During this period he deployed to Camp Buehring, Kuwait, from 27 September 2006 to 2 October 2007 in support of Operation Iraqi Freedom (OIF).
3. The applicant provides:
* DD Form 214
* leave and earnings statement (LES), dated 15 November 2006
* State of Alaska Department of Military and Veterans Affairs
Orders 157-245, dated 6 June 2006
* U.S. Army Human Resources Command Orders A-10-625784, dated 10 October 2006
* Camp Shelby Joint Forces Training Center Orders 290-519, dated 17 October 2007
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the AKARNG on 16 September 2000. He served on active duty on five separate occasions for which he received DD Forms 214:
* 26 November 1996-15 September 2000
* 15 June 2001-21 September 2001
* 4 October 2004-3 October 2005 [corrected by DD Form 215 (Correction to DD Form 214), dated 3 May 2007]
* 20 October 2005-5 July 2006
* 20 October 2005-17 January 2010 [overlapping]
2. He was ordered to active duty on 6 July 2006 in support of Operation Iraqi Freedom and he was retired by reason of permanent disability on 17 January 2010.
3. The applicant provided official orders which show he was ordered to active duty and subsequently assigned to the Warrior Transition Unit upon redeployment. In addition, he provides an LES that indicates he received hazardous duty pay and hostile fire pay (HFP) as of 15 November 2006.
4. His DD Form 214 for the period ending 17 January 2010 shows in:
* item 12a (Date Entered Active Duty This Period) "2005 10 20"
* item 12f (Foreign Service) "0000 00 00" (no foreign service)
* item 18 (Remarks) no entries indicating any deployed service
5. Defense Finance and Accounting Service (DFAS) records verify he received HFP/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for Kuwait from 16 October 2006 through 12 October 2007, which equates to a total of 11 months and 27 days of foreign service.
6. Army Regulation 635-5 (Separation Documents) 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 Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. It states:
a. item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued;
b. item 12f, enter the total amount of foreign service completed during his or her continuous period of active service; and
c. item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements:
(1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER U.S. CODE (applicable section),"
(2) "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)," and
(3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms he served in Kuwait and received HFP/IDP and CTZE from 16 October 2006 through 12 October 2007. Therefore, it would be appropriate to correct his DD Form 214 to show 11 months and 27 days of foreign service.
2. Item 12a of his DD Form 214 for the period ending 17 January 2010 shows "2005 10 20." However, this date is covered in a previous DD Form 214 and should be corrected to read the date he was ordered to active duty as "2006 07 06."
3. In view of the above, his request should be granted.
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 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 for the period ending 17 January 2010 as follows:
a. delete the entry "2005 10 20" in item 12a and replace it with "2006 07 06,"
b. delete the entry "0000 00 00" in item 12f and replace it with the entry "0000 11 27," and
c. add to item 18 the entries:
(1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER TITLE 10, U.S. CODE, SECTION 12301,"
(2) "SERVICE IN KUWAIT FROM 20061016-20071012," and
(3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
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 DD Form 214 to show 1 year of foreign service credit.
____________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) AR20100026434
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ABCMR Record of Proceedings (cont) AR20100026434
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