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ARMY | BCMR | CY2015 | 20150002774
Original file (20150002774.txt) Auto-classification: Approved

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150002774 


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:

The applicant requests correction of blocks 12 (Foreign Service) and 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2. The applicant states he served on active duty for two periods.  He does not believe that the total time served is annotated correctly at block 12.  Although he was deployed to Iraq and received the Iraq Campaign Medal with two bronze service stars, this service is not noted at block 18.  His second deployment, to Afghanistan, is properly annotated.

3. The applicant provides two DD Forms 214 for the periods ending in August 2007 and December 2009, and a Certificate of Wartime Service.

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty in the Regular Army from 4 August 2004 through 3 August 2007 with transfer to the U.S. Army Reserve (USAR) Control Group (Reinforcement) upon release from active duty.

2.  His 3 August 2007 DD Form 214 shows at:

   a.  block 12c (Net Service This Period) - 3 years, 0 months, 0 days;

   b.  block 12f (Foreign Service) 3 months and 2 days;

   c.  block 18 includes the statement "Served In A Designated Imminent Danger Pay Area" but does not include the country or dates of this service.
   
3.  The available records show only inactive service from the date of his release from active duty until he was called to active duty in support of Operation Enduring Freedom.  He served on active duty from 8 March 2009 through 11 December 2009, 9 months and 4 days with deployment to Afghanistan.

4.  His 11 December 2009 DD Form 214 shows at:

   a.  block 12c (Net Service This Period) - 9 months and 4 days;
   
   b.  block 12d (Total Prior Active Service) - 3 years, 3 months, 3 days;
   
   c.  block 12f (Foreign Service) - 6 months and 19 days;
   
   d.  block 12e (Total Prior Inactive Service)- 1 year, 4 months, and 1 day;
   
   e.  block 18 shows his service in Afghanistan from 15 May 2009 through 2 December 2009.
   
5.  The available evidence does not show any active duty service between 3 August 2007 and 8 March 2009.

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant
served in Iraq from 5 October 2005 through 2 October 2006.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states:

   a.  for block 12d - from previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any;

   b.  for block 12e - enter the total amount of prior inactive service, less lost time, if any.  Delayed Entry Program time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.

   c.  for block 12f - enter the total amount of foreign service completed during the period covered in block 12c (net active service this period);

   d.  block 18 - this block is to be used for Headquarters, Department of the Army mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14.  For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement.
   
   a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

   b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
   
   c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not make it clear specifically which entries he believed were in error on which DD Form 214.  A review of his two DD Forms 214 shows errors or omissions on both  forms.

2.  DFAS confirmed the applicant served in Iraq from 5 October 2005 through 2 October 2006, a period of 11 months and 28 days.  The 3 August 2007 DD Form 214 incorrectly shows his period of foreign service as 3 months and 2 days; it should read 11 months and 28 days.

3.  Additionally, the 3 August 2007 DD Form 214, at block 18, omits the full statement of the country and duration of his deployment.  It should include the statement "SERVICE IN IRAQ 20051005 - 20061002"

4.  The applicant's available evidence shows he served on active duty for exactly 3 years and then had only inactive service from 4 August 2007 through 7 March 2009, a period of 1 year, 7 months, and 4 days.

5.  The entry at 12d on his 11 December 2009 DD Form 214 shows 3 years, 3 months, and 3 days of prior active service It also shows, at block 12e,
1 year, 4 months, and 1 day of inactive service.

6.  The applicant is advised that if he also questions if the entry at block 12 on his second DD Form 214 should include both periods of foreign service, this entry is for only that period of foreign service covered by the period of the DD Form 214 and unlike the other entries at block 12 is not a cumulative entry.

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.  amending his 3 August 2007 DD Form 214, at 12f, to read "0000 11 28";
   
   b.  amending his 3 August 2007 DD Form 214, at block 18, to include the statement "SERVICE IN IRAQ 20051005-20061002";and 
   
   c.  amending his  11 December 2009 DD Form 214, at block 12e, to read "0001 07 04.".



      _________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)                                         AR20150002774



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ABCMR Record of Proceedings (cont)                                         AR20150002774



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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