IN THE CASE OF:	  

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20110024226 


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, in effect, his service overseas in Iraq be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he cannot receive benefits because his service in Iraq is not reflected on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* orders for deployment in February 2003
* Fort McCoy Military Personnel Division (MPD) Form 2543 (U.S. Army Reserve Active Guard and Reserve (AGR) End of Tour)
* Certificate of Achievement
* orders for deployment in August 2005
* three personal statements

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 5 June 1980 and was released to a troop program unit in the U.S. Army Reserve (USAR) on 3 June 1983.  He was ordered to active duty on 1 May 1994 and continued to serve in the USAR.  He was ordered to an Active Guard/Reserve status on 10 April 2006.

2.  He provided Headquarters, 88th Regional Support Command, Fort Snelling, MN Orders  03B-058-001, dated 26 February 2003.  These orders reassigned and/or deployed him with the 19th Material Management Company (MMC) to Wiesbaden, Germany, to report 10 February 2003, in support contingency of Operation Enduring Freedom for a period not to exceed 365 days.

3.  The Fort McCoy MPD Form 2543, provided by the applicant, shows he was deployed to Germany, Kuwait, and Iraq from 9 February 2003 to 3 February 2004.

4.  He provided Headquarters, 88th Regional Readiness Command, Fort Snelling, MN Orders 05B-202-00004, dated 21 July 2005.  These orders reassigned and/or deployed him to report 7 August 2005 to the 19th MMC to deploy in support of Operation Iraqi Freedom for a period not to exceed 545 days.

5.  On 1 February 2011, he was retired and placed on the Temporary Disability Retired List (TDRL).  He was issued a DD Form 214 for the period of active service from 1 May 1994 to 1 February 2011.

* Item 12c (Net Active Service This Period) shows 16 years, 9 months, and 1 day net active service
* Item 12f (Foreign Service) does not show any foreign service  
* Item 18 (Remarks) does not contain any dates of deployment

6.  Email from the Defense Finance and Accounting Service (DFAS) dated 
4 January 2012 shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 26 February 2003 through 
5 February 2004 for Kuwait (a period of 11 months and 10 days).

7.  Email from DFAS, dated 17 May 2012 shows he received HF/IDP and CZTE from 5 October 2005 through 13 February 2006 for Kuwait (a period of 4 months and 9 days.

8.  He provided three personal statements.

	a.  A sergeant first class stated that the applicant was deployed with him in the 19th MMC on 4 January 2003 to Germany, on 15 February 2003 to Kuwait, and on 10 July 2003 to Iraq.

	b.  Mr. B______h stated he was deployed with the applicant from February 2003 to March 2004 in support of Operation Iraqi Freedom.  After their mission at 

Camp Pennsylvania in Kuwait was complete, they moved on to Camp Anaconda in Balad, Iraq.

	c.  A sergeant first class, the personnel administrative noncommissioned officer of the 19th MMC, confirmed the applicant was deployed to Kuwait sometime between January and March 2003 to the end of June 2003.  Then the applicant, along with other 19th MMC Soldiers, migrated to Balad, Iraq.  They headed back to the States in February 2004 after being in Balad, Iraq for over 
6 months.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  Foreign service performed during the period covered in Item 12c of the  DD Form 214 will be entered in item 12f.  

	b.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The email, dated 4 January 2012, from DFAS and the statements he submitted are sufficient evidence to show he was in Iraq during the period          26 February 2003 through 5 February 2004.  However, the exact dates he was in Iraq are not substantiated.  Therefore, it would be appropriate to add the following entry in Item 18 of his DD Form 214:  Service in Kuwait/Iraq - 20030226 to 20040205.

2.  Email from DFAS dated 17 May 2012 shows he received HF/IDP and CZTE from 5 October 2005 through 13 February 2006 for Kuwait.  There is no substantive evidence to show he was in Iraq during this period.  However, the deployment should be shown on his DD Form 214.  Therefore, it would be appropriate to add the following entry in Item of his DD Form 214:  Service in Kuwait - 20051005 - 20060213.

3.  Based on the two deployments, he completed at least 1 year, 3 months, and 
19 days of foreign service.  Therefore, item 12f should show this service.


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 the following items of his DD Form 214 with a separation date of 
1 February 2011:

	a.  Item 12f - amend the entry to read: 01 03 19

	b.  Item 18 - add entries:  

* SERVICE IN KUWAIT/IRAQ - 20030226 to 20040205
* SERVICE IN KUWAIT - 20051005 - 20060213

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 showing he served in Iraq during his second deployment.



      __________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)                                         AR20110024226





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024226



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1