IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110009732
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2011 to show her overseas service in Kuwait.
2. The applicant states she deployed to Kuwait on 22 July 2009 and served there until 2 May 2010. Her records did not reflect this deployment at the time her DD Form 214 was processed. She needs this correction to assist with her application for health benefits.
3. The applicant provides:
* her two DD Forms 214 for the period ending 20 May 2000 and 30 April 2011
* her Enlisted Record Brief (ERB), dated 26 April 2011
* Orders 09-111-00025, issued by Headquarters, 335th Signal Command (Theater) East Point, GA, dated 21 April 2009
* Permanent Orders 173-108, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 22 June 2009
CONSIDERATION OF EVIDENCE:
1. At the time of her application, the applicant was retired in the rank/grade of sergeant first class (SFC)/E-7.
2. The applicant's DD Form 214 for the period ending 20 May 2000 shows she enlisted in the Regular Army on 14 October 1986. She continued to serve until she was she was honorably discharged due to completion of required service. During this period she completed 13 years, 7 months, and 7 days of creditable active service.
3. On 14 October 2001, the applicant reentered active duty with the U.S. Army Reserve in an Active Guard Reserve (AGR) status.
4. Orders 09-111-00025, dated 21 April 2009, show she was ordered to deploy with her unit on a Temporary Change of Station (TCS) move in support of Operation Iraqi Freedom.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 23 July 2009 through 1 May 2010 for service in Kuwait, which equates to 9 months and 9 days.
6. The "Overseas Assignment Date Oversea Duty" section of the applicant's ERB indicates she returned to the United States on 16 April 2010 having served in Kuwait for a period of 10 months.
7. On 30 April 2011, the applicant was retired due to sufficient service for retirement. She completed 24 years, 2 months, and 9 days of creditable active service.
8. The applicant's DD Form 214 for the period ending 30 April 2011 shows in:
a. Item 12f (Foreign Service) the entry "0000 00 00" indicating no foreign service, and
b. Item 18 (Remarks) no entry for her deployment to Kuwait during 2009 - 2010.
9. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that for:
a. Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214, and
b. Item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:
* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)"
* "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS"
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 should be corrected to show her overseas service in Kuwait.
2. DFAS confirmed the applicant received HF/IDP and CZTE from 23 July 2009 through 1 May 2010 for service in Kuwait. Furthermore, her ERB shows she served in Kuwait for a period of 10 months, returning to the United States on
16 April 2010.
3. In view of the foregoing, the applicant's DD Form 214 should be corrected to show in:
a. Item 12f the entry "0000 09 09" indicating she completed 9 months and
9 days of foreign service during this period of service; and
b. Item 18 the entries:
* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC SECTION 12301"
* "SERVICE IN KUWAIT FROM 20090723 - 20100501"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS"
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 her DD Form 214 for the period ending 30 April 2011 the entry "0000 00 00" and replacing it with the entry "0000 09 09," and
b. adding to Item 18 of her DD Form 214 for the period ending 30 April 2011 the entries:
* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC SECTION 12301"
* "SERVICE IN KUWAIT FROM 20090723 - 20100501"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS"
__________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) AR20110009732
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ABCMR Record of Proceedings (cont) AR20110009732
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