RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 April 2008
DOCKET NUMBER: AR20080000365
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 September 2003 be amended to show his service in Operation Enduring Freedom.
2. The applicant states that he was part of Operation Enduring Freedom from March to September 2003.
3. The applicant provides his active duty orders.
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. After having had prior service, the applicant enlisted in the Army National Guard on 27 September 2001 in military occupational specialty 91B (Medical Noncommissioned Officer).
3. Effective 21 March 2003, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom. His active duty orders indicated his mobilization station was Fort Sam Houston, TX.
4. The applicant was released from active duty on 4 September 2003. Item 18 (Remarks) of his DD Form 214 for the period ending 4 September 2003 shows he had been ordered to active duty in support of Operation Enduring Freedom.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 for the period ending 4 September 2003 already shows he was ordered to active duty in support of Operation Enduring Freedom.
2. The applicants active duty orders indicated his mobilization station would be Fort Sam Houston, TX. There is no evidence of record and the applicant did not provide any (nor did he contend) that he deployed, either to Afghanistan or to Iraq. Therefore, it appears there is no error on his DD Form 214 for the period ending 4 September 2003 concerning his service in support of Operation Enduring Freedom.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lds___ __dkh___ __eem___ 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.
__ lds _
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000365
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2007 | 20070011436
United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina Memorandum, dated 27 November 2006, shows that the G1 requested, in effect, the publishing of backdated COTTAD orders showing that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom under the provisions of 10 U.S.C 12301 for a period of 545 days commencing 28 February 2006. United States Army Civil Affairs and Psychological...
ARMY | BCMR | CY2004 | 20040001647C070208
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his Reserve service, his foreign service, his home of record (HOR) as Pennsylvania; and his $600.00 additional Montgomery GI Bill deduction. Item 7b of his DD Form 214 for the period ending 14 February 2004 shows his HOR as ____ Oklahoma City, OK. As a result, the Board recommends that the DD Form 214 for the period ending 14 February 2004 of the individual...
ARMY | BCMR | CY2006 | 20060012172
The applicant stated that the letter of notification shows that the Board convened on 28 February 2006, Docket Number AR2005001072 and determined that her records would be corrected to shows award of the Global War on Terrorism Expeditionary Medal instead of the Kosovo Campaign Medal based on her period of qualifying service in Kosovo in support of Operation Enduring Freedom. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is...
ARMY | BCMR | CY2010 | 20100007332
The applicant requests a new DD Form 214 (Certificate of Release or Discharge from Active Duty) to add any missing/incomplete information and to show he was medically retired. The applicant provides a copy of the following documents: * Headquarters, III Corps, Fort Hood, TX, Permanent Orders 136-4, dated 16 May 2002 * his DD Form 214 for the period ending 11 September 2002 * U. S. Army Physical Disability Agency (USAPDA), Washington, DC, Orders D123-01, dated 3 May 2006 * National Guard...
ARMY | BCMR | CY2012 | 20120002583
The applicant requests correction of item 7a (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 17 May 2002 through 19 May 2007 to show he entered active duty at Fort Sam Houston, TX instead of Spencer, IN. The applicant provides: * two DD Forms 214 * a DA Form 71 (Oath of Office - Military Personnel) CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110002892
He provides: * page 40 of Department of the Army Warrior Transition Unit (WTU) Consolidated Guidance, dated 18 July 2008 * Orders A-11-823251, dated 17 November 2008, ordering him to active duty for contingency operations for operational support (CO-ADOS) in support of Operation Enduring Freedom (OEF) * letter from a physician, dated 16 July 2009 * memorandum, dated 31 August 2009, regarding his MEB * Orders 301-1006, dated 28 October 2009, releasing him from active duty not by reason of...
ARMY | BCMR | CY2010 | 20100013648
In addition, he provided a DA Form 638 showing he was awarded by Permanent Order Number 212-06 the Meritorious Service Medal by the commanding general of the 72nd Brigade Combat Team (TXARNG) upon his retirement for his period of service from 1 June 1988 to 21 January 2009. Based on the evidence of record, the applicant was awarded a second Army Commendation Medal on 30 June 2008 and upon his retirement, a Meritorious Service Medal. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2009 | 20090003458
Soldiers serving in this area on or after 11 September 2001 in support of Global War on Terror (Operations Enduring Freedom and Iraqi Freedom) and who meet the general award criteria are authorized award of the Global War on Terrorism Expeditionary Medal. Therefore, there is sufficient evidence to support awarding the applicant the Combat Action Badge and correcting his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080015597
The DVA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individuals civilian employability. The governing regulation shows the Army rates only conditions determined to be physically unfitting that were incurred or aggravated during the period of service. The evidence of record shows that...
ARMY | BCMR | CY2011 | 20110015422
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, his deployment to Afghanistan was omitted from his DD Form 214 and his address after separation should be changed to the same address as shown in item 19b (Nearest Relative) of his DD Form 214. The available evidence shows the applicant served in Afghanistan during the period 16 February 2010 through 2 April 2010.