BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140012762 


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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he deployed to Iraq rather than Kuwait.

2.  The applicant states that his DD Form 214 indicates he served in Kuwait from 29 April 2007 to 15 July 2008 when he actually served in Mosul, Iraq.

3.  The applicant provides 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.  The applicant enlisted in the Regular Army on 8 August 2006.  Upon completion of initial entry training he was awarded military occupational specialty 88H (Cargo Specialist).

3.  Section I (Assignment Information - Overseas/Deployment Combat Duty) of the applicant's Enlisted Record Brief (ERB), dated 22 September 2010, shows the applicant served in Kuwait from 29 April 2007 to 15 July 2008, a period of 1 Year, 2 months, and 17 days.  There is no indication that he served in Iraq.

4.  On 10 November 2010, he was discharged under honorable conditions after completing 4 years, 3 months, and 3 days of active service.  His DD Form 214 contains the following pertinent information:

	a.  Item 12f (Foreign Service) shows he completed a total of 1 year, 2 months, and 17 days of foreign service.

	b.  Item 18 shows he served in Kuwait from 29 April 2007 to 15 July 2008.

5.  The Defense Finance and Accounting Service (DFAS) confirmed that he received hostile fire/imminent danger pay and combat zone tax exclusion for his deployment to Kuwait from 29 April 2007 to 14 July 2008.

6.  A review of his available personnel service record failed to show any evidence and he did not provide any evidence that shows he ever served in Iraq.

7.  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.  Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to enter:

	a.  In item 12f, the total amount of foreign service completed during the period covered.

	b.  In item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he served in Iraq instead of Kuwait was carefully considered and determined to lack merit.

2.  Both his ERB and his DFAS master military pay account corroborate the entry on his DD Form 214 that indicates he deployed to Kuwait from 29 April 2007 to 15 July 2008.  In the absence of evidence to the contrary, there is insufficient basis to warrant amending his DD Form 214 to show that he served in Iraq rather than Kuwait.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20140012762



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ABCMR Record of Proceedings (cont)                                         AR20140012762



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