IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110003281
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 period of deployment in Iraq in support of Operation Iraqi Freedom (OIF).
2. The applicant states his DD Form 214 does not reflect his OIF service. He states he was deployed from 19 January 2009 through 12 December 2009 in Balad, Iraq.
3. The applicant provides:
* his DD Form 214
* his Enlisted Record Brief (ERB)
* his unit deployment orders
* his redeployment memorandum
CONSIDERATION OF EVIDENCE:
1. The applicant was a Regular Army Soldier with service from 9 August 2000 through 2 November 2010 when he was discharged under honorable conditions by reason of a pattern of misconduct under the provisions of Army Regulation 635-200, paragraph 14-12b.
2. The applicant's ERB shows he was deployed to Iraq during the period 22 January 2009 through 3 January 2010. This information is basically confirmed by his deployment orders and the redeployment memorandum he submitted. The deployment orders show he deployed "on or about 19 January 2009." The redeployment memorandum shows he left the theater on 12 December 2009.
3. The Defense Finance and Accounting Service (DFAS) provided an email stating the applicant received Hostile Fire/Imminent Danger Pay and a Combat Zone Tax Exclusion from 1 January 2009 through 12 December 2009.
4. The applicant's DD Form 214 does not indicate his Iraq deployment in item 18 (Remarks).
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states for 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). It also states foreign service information is obtained from the ERB.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant deployed to Iraq in 2009. The following dates are shown on various documents:
* deployment orders show "on or about 19 January 2009"
* his ERB shows 22 January 2009
* DFAS shows 1 January 2009
2. Although the applicant's ERB shows he redeployed on 3 January 2010, evidence shows he was released from theater earlier, on 12 December 2009, which is the date he claims to have redeployed.
3. The applicant's service in Iraq is established as 22 January 2009 through 12 December 2009.
4. Item 18 of his DD Form 214 should be corrected to show the phrase, SERVICE IN IRAQ FROM 20090122 20091212.
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 adding to item 18 of his DD Form 214, SERVICE IN IRAQ FROM 20090122 20091212.
_______ _ _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) AR20110003281
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ABCMR Record of Proceedings (cont) AR20110003281
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