IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130002761
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 first enlistment was honorable service and his foreign service.
2. The applicant states his service from 21 August 2007 to 4 April 2010 was honorable and he served overseas. He desires that information to be reflected on his DD Form 214.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) under the delayed entry program (DEP) on 13 August 2007. On 20 August 2007, he was discharged from the USAR DEP and he enlisted in the Regular Army on
21 August 2007 for a period of 4 years, training as a carpentry and masonry specialist, and a $20,000.00 enlistment bonus. He completed his one-station unit training at Fort Leonard Wood, MO.
2. He deployed to Iraq on 29 July 2009. He reenlisted on 5 April 2010 for a period of 4 years and a selective reenlistment bonus while serving with the
17th Engineer Battalion. He redeployed from Iraq on 28 May 2010.
3. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile file/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 29 July 2007 to 28 May 2010 for service in Kuwait/Iraq.
4. On 5 October 2011, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separation Active Duty Enlisted Administrative Separations), chapter 13, due to unsatisfactory performance with a general discharge. He completed 4 years and 15 days of creditable active service with 30 days of time lost due to being absent without leave (AWOL). His DD Form 214 shows in:
* item 12f (Foreign Service) the entry "0000 00 00," indicating no foreign service during his period of active service
* item 18 (Remarks) no entry pertaining to honorable service or deployed service
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 for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
b. item 18, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates). However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistments as prescribed above.
c. item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "Service In (Name Of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant served in Iraq from 29 July 2009 to 28 May 2010, a period of 10 months. Therefore, his DD Form 214 should be corrected to show this period of foreign service.
2. He initially enlisted in the Regular Army for the period 21 August 2007-
20 August 2011. On 4 April 2011, he was honorably discharged for the purpose of reenlistment and on 5 April 2011, he reenlisted for a period of 4 years. Therefore, his DD Form 214 should be corrected to show his period of honorable service.
3. He served in Kuwait/Iraq from 29 July 2009 to 28 May 2010. Therefore, his DD Form 214 should be corrected accordingly.
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:
a. deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000 10 00,"
b. adding to item 18 of his DD Form 214 the entry "Continuous Honorable Active Service From 20070821 Until 20100404." "Immediate Reenlistment This Period 20100405-20111005," and
c. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20090729-20100528."
_______ _ 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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