IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120004995
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 Meritorious Unit Commendation (MUC) and his foreign service.
2. The applicant states:
a. item 12 (Foreign Service) of his DD Form 214 does not show his deployments; and
b. Items 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and 18 (Remarks) show the awards he earned for his deployments to Iraq and Afghanistan.
3. The applicant provides:
* two deployment orders
* amended orders
* two memoranda
* MUC orders
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 24 August 2005. He was trained in and awarded military occupational specialty 74D (Chemical Operations Specialist).
2. Orders 130-611, issued by Headquarters, 1st Infantry Division, Fort Riley, Kansas, dated 10 May 2007, directed the applicant's unit, 2nd Battalion, 32nd Field Artillery Regiment, to deploy to Headquarters, Combined Forces Land Component Command (CFLCC) in support of Operation Iraqi Freedom (OIF), effective 5 February 2007, for a period of 365 days.
3. Orders 204-1, issued by U.S. Army Garrison, Aberdeen Proving Ground, Maryland, dated 23 July 20092007, directed the applicant's unit, Company A, 22nd Chemical Battalion, to deploy to Bagram Airfield, Afghanistan, in support of Operation Enduring Freedom (OEF), effective 30 August 2009, for a period of 365 days.
4. On 15 February 2012, the applicant was honorably released from active duty at the completion of required active service. He completed 6 years, 5 months, and 22 days of creditable active service. He was transferred to the U.S. Army (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. His DD Form 214 shows in:
a. item 12f the entry "0000 00 00" indicating he had no foreign service;
b. item 13 does not show the MUC; and
c. item 18 contains no entries for deployed service.
5. Defense Finance and Accounting Services (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion for service in Kuwait/Iraq from 12 February 2007 through 22 April 2008 and for service in Afghanistan from 31 August 2009 through 23 August 2010.
6. The U.S. Army Human Resources Command (AHRC), Awards and Decorations Branch, published Permanent Orders Number 147-28, dated 27 May 2010, awarding the applicant's unit, Detachment, 22nd Chemical Battalion, the MUC for meritorious service during the period 10 April 2009 through 21 February 2010.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions state for:
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for active duty Soldiers deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. Official group orders and the applicant's DFAS pay record confirm he served in Kuwait from 12 February 2007 to 22 April 2008 (1 year, 2 months, and
11 days) and he served in Afghanistan from 31 August 2009 to 23 August 2010 (11 months, and 24 days). These two periods combined equal 2 years,
2 months, and 5 days foreign service. Therefore, items 12f and 18 of his
DD Form 214 should be amended to correctly document this service.
2. In addition, the applicant provides official orders prepared by the AHRC, Decorations and Awards Branch, which confirms the 22nd Chemical Battalion was awarded the MUC during his assignment to this unit. Therefore, the MUC should be added to item 13 of this DD Form 214.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his DD Form 214 by:
a. deleting from item 12f the entry "0000 00 00" and replacing it with the entry "0002 02 05";
b. adding the Meritorious Unit Commendation to item 13; and
c. adding to item 18 the entries "SERVICE IN KUWAIT/IRAQ FROM 20070212 - 20080422" and "SERVICE IN AFGHANISTAN FROM 20090831 20100823."
_______ _ __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) AR20120004995
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ABCMR Record of Proceedings (cont) AR20120004995
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