IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080005470
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, in effect, that block 12g and 12h of his DD Form 214 (Certificate of Release or Discharge) be corrected to reflect his period of service in Iraq.
2. The applicant states he needs to have his records corrected to show his service in Iraq with A Company, 204th FSB for the purposes of verifying his foreign service for Department of Veterans Affairs (VA) benefits.
3. The applicant provides no supporting documentation.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel did not submit any comment, argumentation, or additonal documentation in support of the case.
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 entered active duty on 8 November 2000, completed training, and was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).
3. On 20 December 2003, the applicant was honorably separated, his DD Form 214 shows in:
a. block 12f (Foreign Service) 0000 00 00;
b. block 12h (Effective Date of Pay Grade) 2003 09 27. This block does not relate to foreign service. Therefore, this entry will not be addressed further in the Record of Proceedings.
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant was in receipt of Hazardous Duty/Imminent Danger Pay for deployment to Iraq for the period 1 March 2003 through 31 October 2003.
5. The applicant's iPERMS (interactive Personnel Electronic Records Management System) contains no documentation related to the applicant's assignments or deployments.
6. Army Regulation 635-5 Separation Documents prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states that:
a. the entry in block 12f (Foreign Service) is the total amount of foreign service completed during the period covered in block 12c; and
b. block 18 (REMARKS) is used for HQDA mandatory requirements when a separate block is not available, and for a continuation for entries in blocks 11, 13, and 14.
7. Currently the Regulation provides that Soldiers who serve in a war zone or Hazardous Duty/Imminent Danger Pay zone will have the country and dates of service entered in block 18 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Iraq from 1 March 2003 through 31 October 2003.
2. It is appropriate to correct his DD Form 214 to show in:
a. block 12f, 8 months of foreign service; and
b. block 18, service in Iraq from 1 March 2003 through 31 October 2003.
BOARD VOTE:
___X____ ___X____ ___X___ 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 showing on his DD Form 214 issued on 13 January 2003, in block 12f, 8 months of foreign service; and in block 18, service in Iraq from 1 March 2003 through 31 October 2003.
__________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.
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