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ARMY | BCMR | CY2010 | 20100027281
Original file (20100027281.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027281 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his correct deployment dates to Iraq.

2.  The applicant states he served in Iraq 2 months; however, his DD Form 214 only reflects credit for 18 days.

3.  The applicant provides copies of
:
* Deployment orders
* DA Form 31 (Request and Authority for Leave)
* Post-deployment health assessment
* Honorable Discharge Certificate
* His DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 June 2006 for a period of 5 years, training as an M1 Armor Crewman, and a cash enlistment bonus.  He completed his one station unit training and was transferred to Fort Hood, Texas. 

2.  On 7 November 2007, he deployed with his unit to Iraq and he remained there until he departed on ordinary leave to Texas on 4 January 2008.  He did not return to Iraq. 

3.  On 31 March 2008 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17 due to a condition, not a disability.  He had served 1 year, 9 months, and 10 days of active service and his DD Form 214 issued at the time of discharge reflects in item 18 that he served in Iraq from 20070408 – 20070425.

4.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for:

* item 12f, enter the amount of foreign service served during the period covered by the DD Form 214. 
* for item 18, enter in the remarks section “SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD)” for an active duty Soldier deployed with his or her unit during their continuous period of active service

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service in Iraq is incorrectly reflected on his DD Form 214 has been noted and found to have merit.

2.  The applicant served in Iraq from 7 November 2007 to 4 January 2008.  This foreign service equals 1 month and 22 days.

3.  Accordingly, his DD Form 214 in:

* item 12f should be corrected to show 1 month and 22 days of foreign service
* item 18 should be corrected to show service in Iraq from 20071107 – 20080104

BOARD VOTE:

__X_____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* deleting the entry in item 12f of his DD Form 214 and adding 1 month and 22 days
* deleting the entry in item 18 and adding “Service in Iraq 20071107 – 20080104”




      _______ _   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)                                         AR20100027281



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ABCMR Record of Proceedings (cont)                                         AR20100027281



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