IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120011862
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 reconsideration of an earlier request to correct his
DD Form 214 (Certificate of Release or Discharge from active Duty) to show his 2003 deployment in Iraq.
2. The applicant states he served in Iraq from 5 May 2003 to 29 December 2003.
3. The applicant provides:
* Permanent Orders 292-10, issued by Headquarters, 1st Armored Division Artillery, dated 19 October 2003
* DD Form 2796 (Post Deployment Health Assessment), dated
26 December 2003
* Service Member Deployment History Outprocessing Verification, dated
23 January 2004
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110021472 on 8 May 2012.
2. He provided Permanent Orders 292-10, dated 19 October 2003, that awarded him the Army Commendation Medal for meritorious service during combat operations in support of Operation Iraqi Freedom (OEF) while serving in Iraq from 2 May 2003 to 25 December 2003.
3. He also provided his DD Form 2796, dated 26 December 2003, that shows he arrived in Kuwait on 1 May 2003 and in Iraq on 17 May 2003. He departed Iraq on 27 December 2003.
3. He further provided his Service Member Deployment History Outprocessing Verification report, dated 23 January 2004, that shows he served in Kuwait/Iraq from 5 May 2003 to 29 December 2003.
4. These documents are new evidence that were not previously considered and now warrant consideration by the Board.
5. The applicant enlisted in the Regular Army on 22 June 2001. He was awarded military occupational specialty 92F (petroleum supply specialist). On
1 February 2007, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
6. Item 18 (Remarks) of his DD Form 214 shows he served in Kuwait/Iraq from:
* 10 February 2004 to 10 February 2005
* 11 November 2005 to 1 November 2006
7. Defense Finance and Accounting Service (DFAS) records confirm he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Kuwait from 2 May 2003 to 30 December 2003.
8. A DD Form 215 (Correction to DD Form 214), dated 19 July 2012, shows the entry "SERVICE IN KUWAIT FROM 20030502-20031230" was added to item
18 of his DD Form 214 for the period ending 1 February 2007.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in Iraq from 5 May 2003 to 29 December 2003 but a DD Form 215, based on DFAS records, shows he served in Kuwait from 2 May 2003 to 30 December 2003.
2. The Service Member Deployment History Outprocessing Verification report and his orders for the Army Commendation Medal which show he served in Iraq during the period May 2003 to December 2003 are accepted as sufficient evidence verifying his service in Iraq. Additionally, DFAS confirms he received HF/IDP and CZTE for Kuwait during the period 2 May 2003 to 30 December 2003. As such, the evidence shows he served in Kuwait and Iraq during this period.
3. In view of the foregoing, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 2 May 2003 to 30 December 2003.
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 amendment of the ABCMR's decision in Docket Number AR20110021472, dated 8 May 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "SERVICE IN KUWAIT FROM 20030502 - 20031230" in item 18 of his DD Form 214 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030502 - 20031230."
_____________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.
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