IN THE CASE OF: BOARD DATE: 29 January 2009 DOCKET NUMBER: AR20080008727 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 that his 6-month tour in Iraq be added to his separation document, DD Form 214. 2. The applicant states that his Iraq tour is not reflected on his DD Form 214. 3. The applicant provides excerpts from his military records. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records show that he enlisted in the Regular Army on 8 July 1997, was awarded the military occupational specialty of food service specialist, and was promoted to pay grade E-4 3. On 31 January 2003, Orders 031-300 were published. These were group orders for Service Battery, 1st Battalion, 17th Field Artillery. These orders directed a temporary change of station from Fort Sill, Oklahoma to Central Command. These orders were for between 179 to 364 days and specified a will proceed date of on or about 15 February 2003. 4. On 3 June 2003, a message with the subject FRAGO 614 (EXCESS BAGGAGE / OCIE TURN-IN FOR INDIVIDUAL REDEPLOYING SOLDIERS) TO TF IH OPORe 03-0S/IV (REGIME REMOVAL), provided guidance on the procedures Soldiers who were redeploying as individuals (not with their units) were required to take. In that message it was stated "As a result of operational requirements related to planning for combat operations (to wit: entry into Iraq from Turkey and then subsequently from Kuwait), all TF IH Soldiers were required to draw additional OCIE and were authorized to deploy with additional baggage (3 X duffle bags and 1 X rucksack)." 5. In a letter dated 25 August 2003, it was stated that the applicant was to out process from the theater of operations from 25 to 31 August 2003, he was to take leave from 1 to 30 October 2003, and he was to go on permissive temporary duty and out process from his unit and Army from 1 to 30 September 2003. 6. On 20 October 2004, the applicant was honorably discharged for physical condition, not a disability. 7. The purpose of the DD Form 214 is to record active military service and other pertinent data regarding that service normally needed to verify military service for benefits, retirement, employment, and membership in veterans' organizations. 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. While the excerpts from the applicant's military records conclusively show that he served in Iraq, the exact dates he was in Iraq is not a matter of record. Exact dates are required since the entry on a DD Form 214 for foreign service is entered as exact dates. 2. The applicant's unit's group deployment orders gave an on or about date for the unit's deployment. The 3 June 2003 message which provided guidance on Soldiers who were redeploying as individuals stated that since many units entered into Iraq from Turkey and then subsequently from Kuwait. As such, even if the applicant's deployment dates could be verified there is no evidence to show the exact dates the applicant served in Iraq since there is no evidence or indication that the applicant went directly to Iraq. 3. In view of the foregoing, there is insufficient evidence in which to grant the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20080008727 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008727 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1