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Decision Text

ARMY | BCMR | CY2014 | 20140002419
Original file (20140002419.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140002419 


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 of item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his 9 months of foreign service in Afghanistan.

2.  He states he served in Afghanistan for 9 months and he was awarded the Afghanistan Campaign Medal.

3.  He provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 12 July 2010, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 92F (Petroleum Supply Specialist) and assigned to duty at Fort Stewart, GA.  

2.  Headquarters, Third Infantry Division and Fort Stewart, issued the following:

	a.  Orders ST-045-0588, dated 14 February 2012, ordered the applicant to deploy in a temporary change of station status to Afghanistan in support of Operation Enduring Freedom.  The orders show he was to proceed on or about 18 March 2012 and his deployment was not to exceed 270 days.  

	b.  Orders ST-045-0588 (A1), dated 24 July 2012, amended Orders ST-045-0588 to show he was to proceed on 26 July 2012 and to show, in effect, that his deployment was not to exceed 154 days.
	c.  Orders ST-045-0588 (A2), dated 22 August 2012, further amended Orders ST-045-0588 to show he was to proceed on 29 August 2012 and to show, in effect, that his deployment was not to exceed 110 days.

3.  On 19 December 2013, he was honorably released from active duty.  His DD Form 214 shows in:

* item 12f – no foreign service
* item 18 (Remarks), in part – "SERVICE IN AFGHANISTAN 20120315-20121208"

4.  His Enlisted Record Brief (ERB), dated 20 December 2013, shows he was deployed to Afghanistan from 15 March to 8 December 2012.  

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 31 August through 7 December 2012 (3 months and 8 days).

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated for:

* item 12f, from the ERB, enter the total amount of foreign service completed during the period covered in block 12c
* item 18, for a Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record partially supports the applicant's request for correction of item 12f of his DD Form 214.

2.  There is no evidence indicating the applicant was actually deployed to Afghanistan for 9 months.  His original deployment orders specified that he would proceed on or about 18 March 2012 for a deployment that was not to exceed 9 months; however, those orders were amended twice to change the date he was to proceed and the length of his deployment.  In the end, he was ordered to proceed on or about 29 August 2012 for a 110-day deployment.  

3.  DFAS has confirmed that he was deployed to Afghanistan from 31 August through 7 December 2012, a period of 3 months and 8 days.  

4.  In light of the available evidence, it would be appropriate to correct item 12f of his DD Form 214 to show he had 3 months and 8 days of foreign service.

5.  The entry documenting his deployment to Afghanistan in item 18 of his DD Form 214 appears to have been taken from his ERB.  The entry is clearly an error, and any discrepancy between the entries in item 12f and item 18 will be a source of confusion.  To prevent that problem, it would also be appropriate to amend item 18 to show he was deployed to Afghanistan from 31 August through 7 December 2012.

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 amending his DD Form 214 as follows:

	a.  replace the entry in item 12f with "0000  03  08"; 

	b.  delete from item 18 the entry "SERVICE IN AFGHANISTAN 20120315-20121208"; and

	c.  add to item 18 the entry "SERVICE IN AFGHANISTAN 20120831-20121207."

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 correcting his DD Form 214 to show 9 months of foreign service.



      _______ _  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)                                         AR20140002419





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ABCMR Record of Proceedings (cont)                                         AR20140002419



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