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ARMY | BCMR | CY2012 | 20120000303
Original file (20120000303.txt) Auto-classification: Approved

		

		BOARD DATE:	  12 June 2012 

		DOCKET NUMBER:  AR20120000303 


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 the dates of his service in Iraq as 25 October 2007-28 February 2009.

2.  The applicant states his Soldier Deployment History Outprocessing Report shows the correct dates of his service in Iraq.  He contends that his DD Form 214 does not show the correct dates of this service.

3.  The applicant provides copies of his DD Form 214 and Soldier Deployment History Outprocessing Report.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 April 2006 and was awarded military occupational specialty 88M (Motor Transport Operator) upon completion of initial entry training.  He reenlisted on 2 October 2008.

2.  His Soldier Deployment History Outprocessing Report shows he was deployed in support of a contingency operation from 25 October 2007 through 28 February 2009 (1 year, 4 months, and 4 days).

3.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 26 October 2007 to 6 December 2008.

4.  He retired by reason of permanent physical disability on 27 February 2011.  Block 12f (Foreign Service) of his DD Form 214 is blank.  Block 18 (Remarks) of his DD Form 214 shows he served in Iraq from 25 October 2007 to 28 February 2008.

5.  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 provides standardized policy for the preparation of the DD Form 214 and states:

	a.  in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Service this Period); and

	b.  in block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the dates of his service in Iraq as 25 October 2007-28 February 2009 has been carefully reviewed.

2.  His Soldier Deployment History Outprocessing Report shows he was deployed in support of a contingency operation from 25 October 2007 through 28 February 2009 (1 year, 4 months, and 4 days) and DFAS records confirm he received HFP/IDP and CZTE from 26 October 2007 through 6 December 2008.  While the Soldier Deployment History Outprocessing Report and DFAS dates of service are slightly different, the dates of service shown on the Soldier Deployment History Outprocessing Report should be used to document the total amount of foreign service he completed during this period of active duty and to correct block 18 of his DD Form 214 to show the dates of his service in Iraq.

BOARD VOTE:

_x__  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding the entry "0001  04  04" to block 12f of his DD Form 214 and

	b.  amending block 18 of his DD Form 214 by replacing the entry "SERVICE IN IRAQ 20071025-20080228" with the entry "SERVICE IN IRAQ 20071025-20090228."



      _____________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)                                         AR20120000303



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ABCMR Record of Proceedings (cont)                                         AR20120000303



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