IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20100027136 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 service in Iraq. 2. The applicant states he served in Iraq from 9 April 2003 to 5 August 2004 but that this service is shown on his DD Form 214 as having been in Afghanistan. 3. The applicant provides copies of his DD Form 214 and DD Form 2796 (Post-Deployment Health Assessment) dated 9 August 2004. 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. On 10 January 2002, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 45B (Small Arms/Artillery Repairer). 3. Records at the Defense Finance and Accounting Service (DFAS) show that the applicant received hazardous fire and imminent danger pay from 9 May 2003 through 31 August 2004 for service in Kuwait. 4. The DD Form 2796 provided by the applicant indicates that he arrived on 5 August 2003 to Camp Arifjan, located in Kuwait and that this was where he was mainly deployed. The form does not indicate he served in Iraq or in Afghanistan. 5. On 18 July 2006, the applicant was discharged from active duty due to physical disability with severance pay. He had attained the rank of specialist, pay grade E-4, and had completed 4 years, 6 months, and 9 days of creditable active duty service. 6. The applicant's DD Form 214 shows in: a. Item 12f (Foreign Service): 1 year, 3 months, and 27 days; and b. Item 18 (Remarks): the entry, "SERVICE IN AFGHANISTAN 20030409-20040805." 7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) (show inclusive dates as YYYYMMDD - YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show that his deployment was to Iraq, not Afghanistan, from 9 April 2003 to 5 August 2004. 2. The available evidence indicates that the applicant was deployed to Kuwait during the period in question. There is no credible documentary evidence to support the entry on his DD Form 214 showing he served in Afghanistan during the period in question. However, there also is no available documentary evidence showing that the applicant served in Iraq during any part of the period in question. Therefore, his request to show his deployment was to Iraq should be denied. 3. However, based on the applicant's Post-Deployment Health Assessment dated 9 August 2004, DFAS records, and his assertion that he did NOT serve in Afghanistan, it would be appropriate to correct his DD Form 214 to show he was deployed to Kuwait, vice Afghanistan, during the period from 9 April 2003 to 5 August 2004. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 18 of his DD Form 214: "SERVICE IN AFGHANISTAN 20030409 - 20040805;" and b. adding to Item 18 of his DD Form 214: "SERVICE IN KUWAIT 20030409 - 20040805." 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing the applicant's deployment was to Iraq during the period in question. _______ _ __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) AR20100027136 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100027136 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1