IN THE CASE OF:
BOARD DATE: 11 April 2013
DOCKET NUMBER: AR20120017909
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) for the period ending 15 January 2012 to show he served in Iraq from 16 March 2011 through 5 November 2011 and Kuwait from
6 November 2011 through 6 December 2011.
2. The applicant states his foreign service dates currently show he served in Iraq from 16 March 2011 through 6 October 2011 and Kuwait from 7 October 2011 through 6 December 2011.
3. The applicant provides:
* his DD Form 214
* Orders BL-068-0269, issued by Headquarters, Fort Bliss, TX, dated
9 March 2011, with amendment orders dated 30 September 2011 and
22 October 2011
* Orders 11-298-00250, issued by Headquarters, 316th Sustainment Command (Expeditionary), Coraopolis, PA, dated 25 October 2011
* Orders 347-0008, issued by Headquarters, Army Support Activity, Fort Dix, NJ, dated 13 December 2011
CONSIDERATION OF EVIDENCE:
1. The applicant currently serves in the U.S. Army Reserve (USAR) in the rank/grade of sergeant (SGT)/E-5. His record shows he holds military occupational specialty (MOS) 92A (Automated Logistical Specialist) as his primary MOS.
2. On 22 January 2011, he was mobilized and ordered to active duty in support of Operation New Dawn.
3. On 15 January 2012, he was honorably released from active duty at the completion of required period of active service and he was returned to the control of his USAR command. The DD Form 214 he was issued at the time shows in:
* item 12f (Record of Service Foreign Service) he completed 8 months and 21 days of foreign service
* item 18 (Remarks) the entry "SERVICE IN IRAQ 20110316 - 20111006 // SERVICE IN KUWAIT 20111007 20111206"
4. He provides Orders BL-068-0269, with amendments, and other orders pertaining to his period of active duty or release from active duty. None of these orders address the specific dates his unit served in Iraq prior to its movement to Kuwait.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. Paragraph 2-4h (18)(f) provides that for Reserve Soldiers ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)"
* "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Iraq from 16 March 2011 through 6 October 2011 and in Kuwait from 7 October 2011 through
6 December 2011.
2. He contends he served in Iraq approximately 1 month more and in Kuwait approximately 1 month less than the period reflected on his DD Form 214. Unfortunately, neither the evidence of record nor any evidence he submitted supports his contention. Barring evidence to the contrary, such as specific movement orders or manifests that show the date his unit departed Iraq for Kuwait, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ______ _ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100011932
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120017909
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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