IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080000687
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 that his DD Form 214 be corrected to reflect his foreign service in block 12f and that his DD Form 214 reflect that he was deployed to Afghanistan in support of Operation Enduring Freedom from 10 January 2003 to 14 September 2003.
2. The applicant states that while the information is reflected on his Enlisted Records Brief (ERB) and Personnel Tempo (PERSTEMPO), it was not reflected on his DD Form 214 at the time of his release from active duty (REFRAD).
3. The applicant provides a copy of his DD Form 214, a copy of his PERSTEMPO printout, a copy of his ERB, copies of his deployment orders, and
a statement of wartime service.
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. The applicant enlisted on 21 August 2000. He completed his training and was transferred to Fort Bragg, North Carolina for duty as an automated logistical specialist. He was advanced to the pay grade of E-4 on 1 March 2002.
3. The applicant deployed to Afghanistan in support of Operation Enduring Freedom from 10 January 2003 to 14 September 2003, a period of 8 months and 5 days. He was promoted to the pay grade of E-5 while in Afghanistan on 1 June 2003.
4. On 17 September 2004, he was honorably REFRAD by reason of completion of required service. He had served 4 years and 27 days of total active service and his DD Form 214 reflects no foreign service in block 12f. There is also no indication that the applicant served in Afghanistan in support of Operation Enduring Freedom.
5. 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 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:
1. The applicant served 8 months and 5 days of foreign service and thus is entitled to have that time entered in block 12f of his DD Form 214.
2. The applicant was deployed to Afghanistan in support of Operation Enduring Freedom from 10 January 2003 to 14 September 2003 and thus is entitled to have that information entered in the remarks section of his DD Form 214 as well.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 12f on his DD Form 214 that he served 8 months and 5 days of foreign service and showing in Item 18 on his DD Form 214 the entry SERVICE IN AFGHANISTAN FROM 20030110 - 20030914.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ XXX ___
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.
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