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ARMY | BCMR | CY2013 | 20130008815
Original file (20130008815.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  12 February 2014

		DOCKET NUMBER:  AR20130008815 


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 two separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of deployment in support of Operation Iraqi Freedom.

2.  The applicant states:

* He was deployed from 29 September 2010 until 19 September 2011 in support of Operation Iraqi Freedom
* He retired on 31 August 2012 and he noticed the error when he went to receive medical care from the Department of Veterans Affairs
* He is paying for medical care which is normally free of charge for Soldiers coming back from recent deployment
* This is causing him financial and emotional hardship
* He believes the retirement services clerks were in transition when he was being retired and they missed his deployment
* He received orders to retire and was going through pre-retirement services along with several other Soldiers
* He accepts that the omission was an honest mistake; however, he needs his DD Form 214 corrected so he can move on with his retirement

3.  The applicant provides:

* Deployment Orders RY-230-0003, dated 18 August 2010
* Enlisted Record Brief
* DA Form 2166-8 (NCO Evaluation Report), for the period ending 30 June 2011
* Permanent Orders Number 213-073, dated 1 August 2011
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 August 1987.  He completed training as a signal support system specialist.  He remained on active duty through continuous reenlistments.

2.  After completing 25 years and 12 days of net active service this period, the applicant retired on 31 August 2012, due to obtaining sufficient service for retirement.

3.  Item 18 (Remarks) on his DD Form 214 contains the entry "SERVICE IN SUPPORT OF OPERATION IRAQI FREEDOM FROM       TO       //NOTHING FOLLOWS.//"

4.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Kuwait/Iraq from 30 September 2010 through 10 September 2011.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in Item 18.

DISCUSSION AND CONCLUSIONS:

The available evidence shows that the applicant served in Kuwait/Iraq from 30 September 2010 through 10 September 2011.  In accordance with the applicable regulation, his DD Form 214 should be amended to show his dates of deployment in Kuwait/Iraq.




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 amending Item 18 on his DD Form 214 to add the entry "SERVICE IN KUWAIT/IRAQ FROM 20100930-20110910."




      _______ _  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)                                         AR20130008815



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ABCMR Record of Proceedings (cont)                                         AR20130008815



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