IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110011459
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) and item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Afghanistan from 23 June 2009 to 24 April 2010, which was a designated imminent danger pay (IDP) area.
2. She states she was not available to sign her DD Form 214 at Fort Knox, KY at the time of her expiration of term of service. She contends it was simply an oversight by the person who prepared her DD Form 214.
3. She provides her Officer Record Brief, deployment orders, and a Navy and Marine Corps Commendation Medal certificate with a personal award recommendation.
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted her application she was serving in the Army National Guard in the rank of captain.
2. The applicant's service record contains a DD Form 215 (Correction to the DD Form 214), dated 14 October 2011, that corrected item 18 of her DD Form 214 to show she was deployed to Afghanistan from 23 June 2009 to 24 April 2010. She will be provided a copy of this document. Therefore, this portion of her request will not be discussed further in this Record of Proceedings.
3. On 7 May 2005, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant. She was ordered to active duty on 7 July 2005 in the Regular Army.
4. Orders published on 21 May 2009 show she was deployed to Afghanistan in support of Operation Enduring Freedom with a proceed date on or about 23 June 2009 for a period not to exceed 311 days with an ending date of 29 April 2010.
5. She provided a copy of her award certificate and a personal award recommendation, dated 1 April 2010. These documents show she was awarded the Navy and Marine Corps Commendation Medal for meritorious service from July 2009 to April 2010 during her deployment to Afghanistan in support of Operation Enduring Freedom.
6. She also provided a copy of her Officer Record Brief which shows in Section 1 (Assignment Information) she was deployed to Afghanistan 10 months with an ending date of 24 April 2010.
7. She was discharged on 8 July 2010. Her DD Form 214 shows in:
* item 12f she completed 9 months and 3 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) she was awarded the Afghanistan Campaign Medal with one bronze service star and Iraq Campaign Medal with two bronze service stars
* item 18 the entry "SERVICE IN IRAQ 20060622-20070324"
8. Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received hostile fire (HF)/IDP and combat zone tax exclusion (CZTE) for service in Kuwait from 25 June 2009 through 23 April 2010 (a period of 9 months and 28 days).
9. Army Regulation 635-5 (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 directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions in regard to correction of her DD Form 214 to show her foreign service in Afghanistan are acknowledged and determined to have merit.
2. Her pay records at DFAS indicate she received HF/IDP and CZTE for the period 25 June 2009 through 23 April 2010 (9 months and 29 days) for service in Kuwait/Afghanistan. However, item 18 of her DD Form 214 has been corrected to show her deployment to Afghanistan during the period 23 June 2009 to 24 April 2010, which is a period of 10 months and 1 day. In addition, her Officer Record Brief shows she deployed 10 months. Any reasonable doubt should be resolved in favor of the applicant and item 12f of her DD Form 214 should be corrected to include an additional 10 months and 1 day of foreign service, which is a total of 1 year, 7 months, and 4 days.
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 the entry "0000 09 03" from item 12f of her DD Form 214; and
b. adding the entry "0001 07 04" to item 12f of her DD Form 214.
_______ _ __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) AR20110011459
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