BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120004502
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 second deployment in support of Operation Iraqi Freedom as "20080627-20080906" (27 June 2008 to 6 September 2009) instead of "20080927-20090906" (27 September 2008 to 6 September 2009).
2. He states a typographical error resulted in a "9" being entered as the beginning month of his deployment instead of a "6."
3. He provides:
* Soldier Deployment History Outprocessing Report
* DD Form 214
* Orders honorably discharging him from the U.S. Army Reserve (USAR) Control Group (Reinforcement)
CONSIDERATION OF EVIDENCE:
1. His record shows he enlisted in the Regular Army on 6 April 2004 and held military occupational specialty 31B (Military Police). He was honorably released from active duty on 4 November 2009 after completing 5 years, 6 months, and 29 days of creditable active service and transferred to the USAR Control Group (Reinforcement). At the time of his separation, he held the rank/pay grade of sergeant/E-5.
2. His DD Form 214 contains the following information:
* item 12f (Foreign Service) shows he served overseas for 2 years, 2 months, and 10 days
* item 18 (Remarks) shows the following entries for his two deployments:
* "SERVICE IN KUWAIT/IRAQ-IN SUPPORT OF OPERATION IRAQI FREEDOM: 20051207-20061206"
* "SERVICE IN KUWAIT/IRAQ-OPERATION IRAQI FREEDOM: 20080927-20090906"
3. A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 20080629 through 20090905.
4. The applicant provides a Soldier Deployment History Outprocessing Report, reviewed and authenticated on 17 September 2009, which shows the following periods for his two deployments:
* 7 December 2005 through 6 December 2006
* 27 June 2008 through 26 September 2009
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. In establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214 and states for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the dates of his second deployment in support of Operation Iraqi Freedom was from 27 June 2008 to 6 September 2009 instead of 27 September 2008 to 6 September 2009 was carefully considered and determined to have partial merit.
2. A query of his MMPA maintained by DFAS revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 20080629 through 20090905. Therefore, he is entitled to have this foreign service correctly shown in item 18 of his DD Form 214.
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 item 18 of his DD Form 214 as follows:
* deleting the current entry "SERVICE IN KUWAIT/IRAQ-OPERATION IRAQI FREEDOM: 20080927-20090906"
* adding the entry "SERVICE IN KUWAIT/IRAQ IN SUPPORT OF OPERATION IRAQI FREEDOM FROM 20080629-20090905"
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 correcting item 18 of his DD Form 214 to show his second deployment to Iraq was from 27 June 2008 to 6 September 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) AR20120004502
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ABCMR Record of Proceedings (cont) AR20120004502
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