IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110006624
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 to Item 12f (Foreign Service) and Item 18 Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states, in effect, Item 12f shows zero foreign service credit and Item 18 does not reflect the name of the country.
3. He provides:
* Temporary duty orders for February and December 1997, November and December 1998, and January 1999
* 2005 deployment orders
* 2010 release from active duty (REFRAD) orders
* 2011 DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicants military records show he enlisted in the Regular Army on 8 September 1991. He completed training and was awarded military occupational specialty 92A (Automated Logistical Specialist).
2. Orders were issued by Headquarters, 377th Theater Army Area Command, assigning him to temporary duty in Kuwait for:
* 179 days proceeding on 7 December 1996
* 21 days proceeding on 4 January 1998
* 21 days proceeding on 14 November 1998 (amended to 90 days and further amended to 63 days)
3. Orders Number 05B-164-00004 were issued by Headquarters 88th Regional Readiness Command on 13 June 2005 reassigning him for deployment in support of Operation Iraqi Freedom (OIF) for 545 days proceeding on 5 July 2005.
4. He was retired in pay grade E-7 on 31 January 2011 for sufficient service for retirement. He was credited with completion of 19 years, 4 months, and 23 days of net active service. Item 12f of his DD Form 214 shows zero credit for foreign service.
5. Item 18 of his DD Form 214 shows the entry, Service in Somewhere 19000101-19010101//Service in Somewhere Else 20000101-20010101.
6. A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for following service:
* Kuwait from 7 December 1996 through 6 March 1997
* Kuwait from 15 November 1998 through 17 January 1999
* Kuwait from 14 September 2005 through 27 July 2006
7. 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. It states that for:
* Item 12 (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows the applicant was deployed in Kuwait from:
* 7 December 1996 through 6 March 1997, a period of 2 months and 27 days
* 15 November 1998 through 17 January 1999, a period of 2 months and 2 days
* 14 September 2005 through 27 July 2006, a period of 10 months and 13 days
2. Therefore, Item 12f of his DD Form 214 for the period ending on 31 January 2011 should be corrected to show he served 3 months and 12 days of foreign service. Item 18 of his DD Form 214 should also be corrected to show the entry, "Service in Kuwait from 19961207-19970306, 19981115-19990117, and 20050914-20060727.
3. In view of the foregoing, his records should be corrected as recommended below.
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:
a. deleting from Item 12f of the applicant's DD Form 214 the entry
"0000 00 00" and replacing it with the entry "0001 03 12"; and
b. adding to Item 18 of his DD Form 214 the entry SERVICE IN KUWAIT FROM 19961207-19970306, 19981115-19990117, AND 20050914-20060727.
_______ _ 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) AR20110006624
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ABCMR Record of Proceedings (cont) AR20110006624
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