IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020070
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 Iraq as follows:
* 20 November 2005 - 20 November 2006 vice 20 November 2006 - 19 November 2007
* 1 June 2008 - 1 June 2009 vice 1 June 2009 - 31 May 2010
2. The applicant states both dates of deployment to Iraq on his DD Form 214 are wrong.
3. The applicant provides his DD Form 214, DA Form 4037 (Officer Record Brief (ORB)), and three orders.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant's records show he was appointed as a Reserve Aviation Corps warrant officer, executed an oath of office on 12 March 2004, and entered active duty on that date. He was promoted to chief warrant officer two (CW2) in the Regular Army on 12 March 2006.
2. He was honorably discharged from active duty on 25 February 2011. He completed 6 years, 11 months, and 14 days of creditable active service during this period of service.
3. Item 18 (Remarks) of the DD Form 214 he was issued for this period of service contains the following entries "SERVICE IN IRAQ 20061120-20071119" and "SERVICE IN IRAQ 20090601-20100531."
4. The applicant provides an automated ORB, dated 24 August 2010, wherein it shows the end dates of his two tours of service in Iraq as 20 November 2006 and 1 June 2009 respectively.
5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's dates of hostile fire pay/imminent danger pay (HFP/IDP). By email, dated 23 November 2011, a DFAS representative verified the applicant received HFP/IDP for service in Kuwait/Iraq from 5 December 2005 to 16 November 2006 and 18 June 2008 to 31 May 2009.
DISCUSSION AND CONCLUSIONS:
1. A DFAS official confirmed the applicant received HFP/IDP for service in Kuwait/Iraq from 5 December 2005 to 16 November 2006 and from 18 June 2008 to 31 May 2009. Although the dates are not consistent with the ending dates noted in his records, it is most likely that the dates he received HFP/IDP are the accurate dates of his service in Iraq. Therefore, he is entitled to correction of his DD Form 214 to show the dates of his service in Iraq during two deployments as confirmed by DFAS.
2. He contends that his DD Form 214 should be corrected to show his dates of service in Iraq were from 20 November 2005 to 20 November 2006 and from 1 June 2008 to 1 June 2009; however, the evidence of record shows he served in Iraq from 5 December 2005 to 16 November 2006 and from 18 June 2008 to 31 May 2009. Therefore, he is not entitled to full relief.
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 amending his DD Form 214 for the period ending 25 February 2011 by:
* deleting from Item 18 the entries "SERVICE IN IRAQ 20061120-20071119" and "SERVICE IN IRAQ 20090601-20100531"
* adding to Item 18 "SERVICE IN IRAQ 20051205-20061116" and "SERVICE IN IRAQ 20080618-20090531"
2. The Board further determined that the evidence presented was 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 correcting his DD Form 214 to show the dates of his service in Iraq as 20 November 2005 - 20 November 2006 and 1 June 2008 - 1 June 2009.
_______ _ 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) AR20110020070
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