RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070015956
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his foreign service in support of Operation Enduring Freedom and Operation Iraqi Freedom.
2. The applicant states that his foreign service in the theater during the period from 8 March to 9 July 2003 was not recorded on his DD Form 214.
3. The applicant provides copies of his DD Form 214, Noncommissioned Officer Evaluation Report (NCOER), deployment orders, and medical screening documents for pre-deployment and post-deployment.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 11 July 1995, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 91M (Hospital Food Service Specialist).
3. Orders 043-01, United States Army Maneuver Support Center, Fort Leonard Wood, Missouri, dated 12 February 2003, assigned the applicant to the 47th Combat Support Hospital, Fort Lewis, Washington, for the purpose of deployment in support of Operation Enduring Freedom. His will proceed date was on or about 17 February 2003.
4. DD Form 2796 (Post-Deployment Health Assessment) dated 11 July 2003, states that the applicant served in Kuwait in support of Operation Iraqi Freedom during the period from 8 March to 9 July 2003 (4 months and 2 days).
5. The applicant's NCOER for the period ending in July 2003, shows that he served in support of Operation Iraqi Freedom with the 47th Combat Support Hospital, at Camp Wolf, Kuwait.
6. On 15 August 2003, the applicant was discharged from the Regular Army. He had attained the rank of staff sergeant, pay grade E-6, and had completed
8 years, 1 month, and 5 days of creditable active duty service.
7. Item 12f (Foreign Service) of the applicant's DD Form 214 does not show that he served any overseas service. Item 18 (Remarks) of this same form does not provide any information regarding the applicant's foreign service.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states, in effect, that for Block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. It also states that, 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)" will be entered in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant served in as a Regular Army Solider and was deployed to Kuwait for 4 months and 2 days in support of Operation Iraqi Freedom during the period from 8 March to 9 July 2003. Therefore, his records should be corrected to show this service.
BOARD VOTE:
__PHM__ __JGH__ __KSJ___ 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:
a. showing in Item 12f of his DD Form 214: 0 years, 4 months, and
2 days; and
b. adding in Item 18 of his DD Form 214: "SERVICE IN KUWAIT FROM 20030308 - 20030709."
________PHM_________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070015956
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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