IN THE CASE OF:	  

		BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130013874 


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 deployment to Iraq.

2.  The applicant states his first deployment to Iraq from 7 January 2009 to 23 December 2009 is not listed on his DD Form 214.  He was deployed twice, but only his second deployment is listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 June 2008 and was discharged on 16 May 2013.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 5 months and 26 days
* item 18 (Remarks) – "SERVICE IN IRAQ 20110528-20111123 [28 May-23 November 2011]"

2.  On 27 August 2013, a staff member of the Defense Finance and Accounting Services verified the applicant received hostile fire and imminent danger pay for service in Kuwait from 3 January 2009 through 22 December 2009, a period of 11 months and 20 days.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* item 12f – list credit for all foreign service completed during the period covered by the DD Form 214
* item 18 – for an active duty Soldier deployed with his/her unit during their continuous period of active duty, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 1 January 2009 through 22 December 2009, a period of 11 months and 19 days.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show this service.

2.  Based on this correction, item 12f of this DD Form 214 should be corrected to show an additional credit of 11 months and 20 days for a total credit of 1 year, 5 months, and 16 days of foreign service during this period.

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 the entry "0000  05  26" from item 12f of the applicant's DD Form 214 and replacing it with the entry "0001  05  16"
* adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20090103-20091222" to item 18 of his DD Form 214

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 correction of his DD Form 214 to show he served in Kuwait/Iraq from 3 January 2009 through 23 December 2009.



      ____________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)                                         AR20130013874



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ABCMR Record of Proceedings (cont)                                         AR20130013874



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