IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20090020310 


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 amendment of Item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in support of Operation Enduring Freedom and Operation Iraqi Freedom.

2.  The applicant states he is a combat veteran of Operation Enduring Freedom and Operation Iraqi Freedom and Item 18 does not show this information.  He cannot receive the benefits of combat veterans due to the error on his DD Form 214.  He needs his DD Form 214 corrected to be medically treated.

3.  The applicant provides copies of his Enlisted Record Brief, his Army Achievement Medal Certificate, and his DD Form 214.

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.  His military records show he enlisted in the Regular Army in pay grade E-2 on 3 January 1996.  He served in military occupational specialty 14E, Patriot Fire Control Enhanced Operator.  

3.  He submitted a copy of his Army Achievement Medal Certificate that shows he received this award for meritorious achievement in support of Operation Enduring Freedom for the period 27 December 2002 to 18 March 2003.

4.  He was honorably discharged from active duty in pay grade E-6 on 27 September 2009 due to a permanent disability.  Item 18 of his DD Form 214 does not show he served in support of Operation Enduring Freedom or Operation Iraqi Freedom.

5.  A staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified he served in Kuwait and received hostile fire pay from 24 February to 10 June 2003.

6.  Army Regulation 635-5 (Separation Documents) specifies that a DD Form 214 would be prepared for individuals who were retired, discharged, or released from released from active duty.  Item 18 will list the country and dates of deployment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Kuwait from 24 February to 10 June 2003.  Therefore, it is concluded that Item 18 of his 
DD Form 214 should be corrected to show the entry "Service in support of Operation Enduring Freedom/Operation Iraqi Freedom in Kuwait from 20030224 to 20030610."

2.  In view of the foregoing, his records should be corrected as recommended below.

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 amending Item 18 of the applicant's DD Form 214 to show the entry "Service in Operation Enduring Freedom/Operation Iraqi Freedom in Kuwait from 20030224 to 20030610."




      _______ _   _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)                                         AR20090020310



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ABCMR Record of Proceedings (cont)                                         AR20090020310


   
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