IN THE CASE OF:	  

		BOARD DATE:	        3 February 2009

		DOCKET NUMBER:  AR20080009065


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 her exact “combat dates” be entered on her DD Form 214 (Certificate of Release or Discharge From Active Duty).  In effect, she requests that her foreign service dates be entered in Item 18 (Remarks) of her DD Form 214.

2.  The applicant states the exact dates of her service in the “Persian Gulf Theater” were not entered on her DD Form 214 and now she cannot qualify for Persian Gulf grants.

3.  The applicant provides a copy of her DD Form 214.  It shows in Item 12f (Record of Service – Foreign Service) 10 months and 27 days.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 29 April 2004 through 30 April 2008.

2.  The applicant’s Enlisted Record Brief (ERB), prepared on 30 April 2008, shows she served in Kuwait from 27 December 2004 through 22 November 2005, a period of 10 months and 27 days.

3.  The applicant’s Integrated Personnel Electronic Records Management System (iPERMS) records show while serving with the 95th Chemical Company, she was awarded the Army Commendation Medal by the Commander, Area Support Group Kuwait, for service from 18 September 2004 through 30 November 2005.  The 95th Chemical Company deployed to Kuwait in support of Operation Iraqi Freedom from on/about 26 December 2004 to 22 November 2005.

4.  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.  It currently provides that for an Active Army Soldier deployed to a foreign country, the following statement will be placed in Item 18:  “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant deployed with the 95th Chemical Company to Kuwait and served there from 27 December 2004 through 22 November 2005.

2.  The applicant’s DD Form 214, in Item 12f, show the appropriate number of months and days of foreign service; however, the exact dates are not reflected in Item 18.

3.  The applicant’s record should be corrected to reflect her foreign service in Kuwait; such correction to say nothing of “combat dates.”

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 entering the following statement in Item 18 of the individual’s DD Form 214, “SERVICE IN KUWAIT FROM 20041227 to 20051122."

2.  The Board further determined that 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 combat dates.



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      _______ _   _______   ___
       	   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)                                         AR20080009065





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ABCMR Record of Proceedings (cont)                                         AR20080009065



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