BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120011193 


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 date of deployment to Iraq as 
2 January 2009.

2.  The applicant states he deployed to Iraq on 2 January 2009, not on 
12 January 2009, as shown on his DD Form 214.

3.  The applicant provides the following documentation:

* DD Form 214
* Enlisted Record Brief, dated 8 June 2010

CONSIDERATION OF EVIDENCE:

1.  On 27 August 2007, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11B (Infantryman).

2.  Defense Finance and Accounting Service (DFAS) records show that the applicant received hazardous fire/imminent danger pay and combat zone tax exclusion during the period 4 January to 12 December 2009.

3.  On 23 July 2010, the applicant was discharged.  His DD Form 214 shows:

	a.  in Item 12f (Foreign Service): 11 months and 8 days; and
	b.  in Item 18 (Remarks): Service in Iraq 20090112-20091219.

4.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that:

	a.  Item 12f will contain the number of years, months, and days of overseas service during the covered period; and

	b.  Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his date of deployment to Iraq as 2 January 2009.

2.  The available evidence clearly shows that the beginning date of deployment shown on the applicant's DD Form 214 is in disagreement with DFAS records and with his remembrance of his deployment date.  Therefore, it would be appropriate to correct his DD Form 214.

3.  However, there is only a 2 day difference between the applicant's stated start of deployment and the DFAS record.  Any reasonable doubt should be resolved in the applicant’s favor, and his contended dates should be used to correct his DD Form 214.  Accordingly, Item 12f should show his foreign service as            11 months and 18 days; and Item 18 should show his service in Iraq as from 20090102 to 20091219.

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.  showing in Item 12f of his DD Form 214: 11 months and 18 days;

	b.  deleting from Item 18 of his DD Form 214: Service In Iraq 20090112 -20091219; and

	c.  adding in Item 18 of his DD Form 214: Service in Iraq 20090102 -20091219.




__________ _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)                                         AR20120011193





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ABCMR Record of Proceedings (cont)                                         AR20120011193



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