BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120005431 


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 item 12f (Foreign Service)
* deployed service in item 18 (Remarks)

2.  The applicant states he has participated in three deployments to Iraq with the 64th Combat Support Battalion.

3.  The applicant provides:

* DD Form 214
* Permanent Order 033-192 awarding him the Army Good Conduct Medal
* two Army Commendation Medal Certificates

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant's records show he enlisted in the Regular Army on 27 January 2005 and he held military occupational specialty 92A (Automated Logistical Specialist).  He was assigned to the 64th Combat Support Battalion, Fort Carson, CO.

2.  His Enlisted Record Brief (ERB) shows he served in Iraq from 17 March 2010 to 1 February 2011.

3.  An email from the Defense Finance and Accounting Service, dated 10 April 2012, confirms he received hazardous fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait for the following two periods.  DFAS records do not show a third deployment:

* 27 December 2007-16 February 2009
* 19 March 2010-28 February 2011

4.  He was discharged from the Regular Army on 9 September 2011.  His DD Form 214 shows in:

	a.  item 12f, the entry "0000  10  15" indicating he completed 10 months and 15 days of foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the following awards:

* Iraq Campaign Medal with two campaign (bronze service) stars
* Sea Service Deployment Ribbon (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Navy/Marine Combat Action Ribbon
* Army Good Conduct Medal
* Marine Corps Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver Wheeled Vehicle Clasp
* Driver and Mechanic Badge with Special Equipment Operator Clasp

	c.  item 18 (Remarks), the entry "SERVICE IN IRAQ 20100317-20110201."

5.  He submitted:

	a.  Permanent Order 033-192 issued by Headquarters, 3rd Armored Cavalry Regiment, Forward Operating Base (FOB) Marez, Mosul, Iraq, dated 2 February 2008, awarding him the Army Good Conduct Medal while assigned to the 64th Combat Support Battalion, FOB Marez;

	b.  an Army Commendation Medal Certificate showing he was awarded the Army Commendation Medal for exemplary service during Operation Iraqi Freedom from 1 December 2007 to 1 March 2009.  The certificate is assigned Permanent Order Number 156-084, dated 4 June 2008, issued by Headquarters, 3rd Armored Cavalry Regiment, FOB Marez; and

	c.  An Army Commendation Medal Certificate, dated 20 November 2010, showing he was awarded the Army Commendation Medal for meritorious service during Operation Iraqi Freedom from 18 March 2010 to 12 March 2011.  The certificate is assigned Permanent Order Number 324-415 issued by Headquarters, 3rd Brigade Combat Team, 4th Infantry Division (Mechanized), Combat Operating Base Adder, Iraq.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	b.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement:  "SERVICE IN (name of country deployed) FROM YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show his correct foreign and combat service in Kuwait/Iraq.

2.  With respect to the foreign service shown in item 12f:

	a.  His pay records show he received HFP/IDP and CZTE for service in Kuwait from 27 December 2007 to 16 February 2009.  The certificate he provides shows he was awarded the Army Commendation Medal for service in support of Operation Iraqi Freedom from 1 December 2007 to 1 March 2009.  The dates on the certificate are consistent with his pay records.  He should be entitled to correction of his DD Form 214 to add 1 year, 1 month, and 20 days of foreign service from 27 December 2007 to 16 February 2009 to item 12f.

	2.  His ERB shows he served in Iraq from 17 March 2010 to 1 February 2011. 
His pay records show he received HFP/IDP and CTZE for service in Kuwait from and 19 March 2010 to 28 February 2011.  Both dates are consistent with each other.  This period of foreign service, 10 months and 15 days, is already shown in item 12f.

	c.  However, when adding the period of foreign service shown in paragraph 2a above to that in paragraph 2b, it equates to 2 years and 5 days of foreign service.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show this total foreign service.

3.  With respect to his deployed service, although the second period of service in Kuwait/Iraq from 17 March 2010 to 1 February 2011 is reflected in item 18 of his DD Form 214, the first period of service in Kuwait/Iraq from 27 December 2007 to 16 February 2009 is not.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show both periods of deployment.

4.  There is no evidence of a third deployment.  In the absence of additional documentary evidence in the form of a deployment order, temporary change of stations order, temporary duty order, or other documentary evidence confirming the exact dates of departure and arrival and location, there is insufficient evidence to add a third deployment. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0002  00  05"
* deleting the entry "SERVICE IN IRAQ 20100317-20110201" from item 18 of his DD Form 214 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20071227-20090216 AND 20100317-20110201"

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 listing a third 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)                                         AR20120005431



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ABCMR Record of Proceedings (cont)                                         AR20120005431



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