ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 November 2019 DOCKET NUMBER: AR20190010434 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed two tours of duty in Iraq during the period covered by the DD Form 214. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Privacy Release Form * Headquarters (HQ), 81st Regional Readiness Command Orders Number 08-084- 00081, dated 24 March 2008 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 15 October 2008 * U.S. Army Human Resources Command (HRC), Orders Number A-10-821818, dated 30 October 2008 * HQ, 1st Infantry Division Orders Number 208-0017, dated 27 July 2009 * HQ, 200th Military Police (MP) Command Orders Number 09-238-00029, dated 26 August 2009 * Certificate of Appreciation * two self-authored letters addressed to the Department of Veterans Affairs (VA), both dated 18 March 2018 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the dates showing his deployment to Iraq show him as having only one tour. He contends that he reenlisted and extended while in Iraq. He served two tours in Iraq that were back to back. The error was discovered by a VA representative while he was in school. He was denied 30 percent of the GI Bill benefits for three courses. 3. In a Privacy Release Form, dated 16 April 2019, the applicant stated to his Representative in Congress the following: Over a year ago I put in for a reconstructed DD [Form] 214. I had extended and reenlisted in the U.S. Army while deployed to Iraq. My unit went home and I stayed with the replacement unit. When I came home during demobe [demobilization], they only gave me credit for one deployment. I was denied 30 percent of my GI Bill for not having enough deployment time on Title 10 [U.S. Code] orders. 4. Following service in the Regular Army, Army National Guard, and U.S. Army Reserve (USAR), the applicant reenlisted in the USAR on 13 September 2007. 5. Orders issued by HQ, 81st Regional Readiness Command, on 24 March 2008, directed the applicant's reassignment from the 3397 Garrison Support Unit (GSU), Chattanooga, TN, to the 2125 GSU Detachment 39, Decatur, GA, effective 24 March 2008. The orders show the applicant was involuntarily transferred for mobilization. 6. Orders issued by HQ, 81st Regional Readiness Command, on 28 March 2008, ordered the applicant to active duty as a member of his Reserve unit in support of Operation Iraqi Freedom (OIF). The orders show a period of active duty of 309 days and a report date of 6 April 2008. 7. The applicant's record shows he arrived in Kuwait/Iraq on 15 April 2008. 8. A DD Form 4 shows the applicant reenlisted in the USAR on 15 October 2008 for a period of three years. The DD Form 4 also shows he reenlisted while serving in Iraq. 9. Orders issued by HRC on 30 October 2008, ordered the applicant to active duty for the purpose of Contingency Operation for Active Duty Operational Support (CO-ADOS) for a period of 270 days in support of OIF. The orders show he was attached to the 377th Chemical Company, Richmond, VA, with duty in Iraq. 10. Orders issued by the 1st Infantry Division on 27 July 2009, directed the applicant released from active duty and reassignment to the 2125 GSU Detachment 39, Decatur, GA, effective 9 September 2009. The special instructions section of the orders include the statement: "Returned from deployment/completion of required active duty." 11. Orders issued by HQ, 200th MP Command on 26 August 2009, directed the applicant's reassignment from the 2125 GSU, Detachment 39 to the 489th Civil Affairs Battalion, effective 26 August 2009, due to unit inactivation. 12. The applicant's DD Form 214 for this period of active service shows he was released from active duty on 9 September 2009 after completing 1 year, 5 months, and 4 days of active service this period. Block 12f (Foreign Service) shows he completed 1 year, 3 months, and 10 days of foreign service. The DD Form 214 also shows the following entries in block 18 (Remarks): * Service in Iraq/Kuwait 20080415 – 20090724 * Individual completed period for which ordered to active duty for the purpose of post service benefits and entitlements * Ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, US. Code, section 12302 * Mobilization period 6 April 2008 to 17 December 2008 in accordance with Title 10, U.S. Code, section 12302 * CO-ADOS period 18 December 2008 to 9 September 2009 in accordance with Title 10, U.S. Code, section 12301(D) 13. Information obtained from the Defense Finance and Accounting Services shows the applicant was deployed from 9 May 2008 to 15 July 2009. 14. The applicant was discharged from the USAR on 31 October 2012. 15. The applicant provided: a. A Certificate of Appreciation which he received for his performance while serving as a member of a security team in Iraq during the period 22 March to 5 April 2009. b. Two self-authored letters addressed to the VA, both dated 18 March 2018, disputing the validity of an education benefits debt. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the separate orders and authorities for his mobilization and deployment, the reason for his separation and his discharge from the USAR. The Board found that the applicant served consecutive time periods of active duty (Mobilization and CO- ADOS) during his time in Iraq/Kuwait as annotated in the Remarks section of his DD Form 214. The Board also found that, based on information in DFAS records, that the applicant’s foreign service is accurately recorded on his DD Form 214 for the period ending 9 September 2009. Based on a preponderance of evidence, the Board determined there was no error or injustice requiring a correction to the applicant’s records. The Board does not have the authority to determine VA benefits. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for preparation of the DD Form 214. The regulation provides that in block 18, for a Reserve soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession: * ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section) * SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD).” * SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190010434 4 1