IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000233
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 in effect, correction to Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq from 4 June 2009 through 6 November 2009.
2. The applicant states his DD Form 214 shows he served in Iraq from 27 August 2007 through 12 September 2007. He was not yet enlisted at that time. The dates are obviously incorrect.
3. The applicant provides:
* deployment orders for Iraq with a list of Soldiers deployed
* AFIMT 3899 (Patient Movement Record) and assignment orders
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army Delayed Entry Program (DEP) on 27 August 2007. He was discharged from the DEP on 12 September 2007 and enlisted in the Regular Army (RA) on 13 September 2007.
2. He provides copies of the following:
* orders, dated 23 April 2009, assigning him to Iraq on or about 4 June 2009 for a period of up to 365 days or until completion of mission
* AFIMT 3899, dated 31 October 2009, reassigning him from Iraq to Germany for medical treatment
* orders, dated 6 November 2009, assigning him to Fort Campbell, KY, for continued medical care
3. He was discharged from active duty on 22 February 2011. He completed 3 years, 5 months, and 10 of creditable active service with no time lost and 5 months and 7 days of foreign service. His DD Form 214 shows in Item 18 (Remarks):
* Period of DEP: 2007082720110222
* Service in Iraq 2007082720070912
4. A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, indicated the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Iraq from 5 June 2009 through 2 November 2009.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his deployment dates for his service in Iraq are incorrect was carefully considered and found to have merit. The evidence of record confirms he served in Kuwait/Iraq from 5 June 2009 through 2 November 2009. Therefore, he is entitled to correction of Item 18 to show the entry, "Service in Kuwait/Iraq from 20090605-20091102."
2. The evidence of record also shows he enlisted in the DEP on 27 August 2007. He was discharged from the DEP on 12 September 2007 and enlisted in the RA on 13 September 2007. It appears his dates of service in the DEP were incorrectly listed as his dates of service in Iraq in Item 18 of his DD Form 214. Therefore, the date of his DEP service should also be corrected in Item 18 of his DD Form 214.
3. There is no evidence of record and he did not provide sufficient evidence to show he served in Kuwait/Iraq from 4 June 2009 through 6 November 2009. Therefore, he is not entitled to correction to his record to show he served in Kuwait/Iraq prior to 5 June and after 2 November 2009.
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 from Item 18 of his DD Form 214 the entry "PERIOD OF DELAYED ENTRY PROGRAM: 20070827-20110222" and replacing it with the entry "PERIOD OF DELAYED ENTRY PROGRAM: 20070827-20070912"
* deleting from Item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20070827-20070912" and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20090605-20091102"
2. The Board further determined 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 adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20090604-20091106" to Item 18 of his DD Form 214.
____________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) AR20130000233
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ABCMR Record of Proceedings (cont) AR20130000233
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