IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100026073 


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 the dates of his deployment to Afghanistan listed in item 18 (Remarks) of his 13 July 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states he served in Afghanistan in support of Operation Enduring Freedom from 6 November through 6 December 2001; however, item 18 of his DD Form 214 incorrectly lists the deployment dates as 3 through 22 March 2003.

3.  The applicant provides a list of deployments provided to the transition center at the time of his retirement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was honorably retired in the rank of chief warrant officer five on 13 July 2010.  The DD Form 214 he was issued shows he completed a total of 23 years, 1 month, and 3 days of active military service and was separated by reason of permanent physical disability.

2.  Item 18 of the DD Form 214 contains an entry showing service in Afghanistan from 10 through 22 March 2001.  It also lists 20 deployments to Iraq between 7 March 2003 and 3 June 2008.

3.  The applicant's official military personnel file (OMPF) contains an Officer Record Brief (ORB) prepared on 14 April 2010.  Section I (Assignment Information-Overseas/Deployment/Combat Duty) lists a deployment to Afghanistan of 2 months ending in December 2001.  There are no other Afghanistan deployments entered in section I of the ORB.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It identifies the source records/documents for preparing the DD Form 214 which includes the ORB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his dates of deployment to Afghanistan in item 18 of his DD Form 214 are incorrect has been carefully considered and is found to have merit.

2.  By regulation, the ORB is a source record for preparation of the DD Form 214.  In this case, the applicant's last ORB confirms he was deployed to Afghanistan for 2 months and that this deployment ended on 6 December 2001.  This ORB entry corroborates the applicant's claim that the dates of this deployment to Afghanistan entered in item 18 of the DD Form 214 are incorrect, and it is presumed that the applicant's recollection of the dates of deployment is more accurate than the ORB.  Therefore, it would be appropriate to correct the DD Form 214 accordingly.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 


deleting the current Afghanistan deployment entry from item 18 of his DD Form 214 and replacing it with the entry "SERVICE IN AFGHANISTAN FROM 20011106-20011206."



      ____________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)                                         AR20100026073



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ABCMR Record of Proceedings (cont)                                         AR20100026073



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