IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110016574
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 foreign service in support of Operation Iraqi Freedom (OIF) from 1 September to 23 December 2007.
2. The applicant states his DD Form 2900 (Post-Deployment Health Assessment (PDHRA)) reflects his Iraq deployment.
3. The applicant provides his DD Form 2900, Enlisted Record Brief (ERB), and DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 March 2007 and he held military occupational specialty 13F (Fire Support Specialist). He was assigned to Fort Bliss, TX.
2. He was administratively discharged on 30 June 2011. The DD Form 214 he was issued shows he completed 4 years, 3 months, and 25 days of creditable active service. This form further shows in:
* item 12f (Foreign Service) the entry "0000 11 25" indicating he served
11 months and 25 days of foreign service
*
item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* item 18 (Remarks) shows the entry "Service in Iraq 20090507 - 20100412"
3. He submitted a DD Form 2900, dated 2 July 2008, that shows he arrived in Iraq on 1 September 2007 and departed on 23 December 2007.
4. He also submitted his ERB, dated 20 May 2001. Section I (Assignment Information OS (Overseas Service)/Deployment Combat Duty) only shows he served in Iraq from 7 May 2009 - 12 April 2010.
5. The Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirmed the applicant received hostile fire/imminent danger (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 3 September to 21 December 2007.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for:
* item 12 (Record of Service), use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information
* item 12f, from the ERB, 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 or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD - YYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Kuwait/Iraq on two occasions. He first served from 3 September to 21 December 2007, a period of 3 months and 19 days. He also served from 7 May 2009 to 12 April 2010, a period of 11 months and 6 days. His total overseas service is incorrectly shown in item 12f of his DD Form 214. He should be credited with 1 year and 3 months of total foreign service.
2. Additionally, his second period of overseas service is indicated in item 18 of his DD Form 214; however, his first period of foreign service from 3 September to 21 December 2007 is not.
3. In view of the foregoing, his DD Form 214 should be corrected to show his total foreign service in item 12f and both periods of deployed service in item 18.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his DD Form 214 the entry "0000 11 06" and replacing it with the entry "0001 03 00" and
b. adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq From 20070903 - 20071221."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to reflecting he served in Iraq from 1 September to 23 December 2007.
___________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) AR20110016574
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ABCMR Record of Proceedings (cont) AR20110016574
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