IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080005562 


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 the dates he spent in support of Operation Enduring Freedom recorded on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected.

2.  The applicant states, in effect, the dates of his service in support of Operation Enduring Freedom are shown as 5 April 2003 to 28 April 2003.  The actual dates should be 10 April 2003 to 15 June 2004.

3.  In support of his request, the applicant provides a copy his Service Member Deployment History–Outprocessing Verification for the period covering 1 June 2001 through 1 July 2004.

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's records show he enlisted in the US Army Reserve on 28 December 1999.  On 27 July 2000, he enlisted in the Regular Army.  He was awarded and served in the military occupational specialty 56M, Chaplain Assistant.  He was promoted to the rank and pay grade of Sergeant, E-5 on 1 May 2003.

3.  The applicant was honorably released from active duty in the rank of Sergeant on 26 July 2004, under the provisions of Army Regulation 635-200, Chapter 4, at the completion of his required active service.  On the date of his release from active duty, the applicant had completed 4 years active military service, with no time lost.

4.  Item 18 (Remarks), of the applicant's DD Form 214, shows, in addition to other entries, “SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030405 TO 20030428.”

5.  The applicant's Service Member Deployment History–Outprocessing Verification, shows he served in support of Operation Enduring Freedom (Afghanistan) for the periods 10 April 2003 to 1 October 2003, for 174 days, and from 12 April 2004 to 15 June 2004, for 64 days.

6.  The applicant's Service Member Deployment History–Outprocessing Verification, does not show his service was in Afghanistan in support of Operation Enduring Freedom; however, he was awarded an Army Commendation Medal by Orders Number 194-01, HQ, CJSOTF-A (Combined Joint Special Operations Task Force-Afghanistan), for exceptionally meritorious service as the Forward Operating Base 32 Unit Ministry Team Noncommissioned Officer, for the period 19 April 2003 to 1 October 2003.

7.  Army Regulation 635-5 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.  This regulation specifies that for Item 12 (Record of Service), use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  For Item 12f (Foreign Service), from the Enlisted Record Brief (ERB) enter the total amount of foreign service completed during the period of net active service this period.

8.  Army Regulation 635-5 also specifies that for an active duty Soldier deployed with his or her unit during their continuous period of active service, an entry is required in Item 18 (Remarks), of the DD Form 214, as follows:  “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).” 

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant has established that the period reflected on his DD Form 214 for the time he spent in Afghanistan in support of Operation Enduring Freedom is incorrect.

2.  The applicant's Service Member Deployment History–Outprocessing Verification shows his service in support of Operation Enduring Freedom (Afghanistan) extended from 10 April 2003 to 1 October 2003 for 174 days, and from 12 April 2004 to 15 June 2004 for 64 days.

3.  The applicant is therefore entitled to correction of Item 12f of his DD Form 214 to show the correct amount of foreign service performed in support of Operation Enduring Freedom.

4.  The applicant is therefore entitled to a correction to Item 18 of his DD Form 214, to show the correct dates of his service in support of Operation Enduring Freedom.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ____x___  ____x__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from Item 12f the entry “0000 Year(s), 00 Month(s), 24 Day(s)”;


	b.  deleting from Item 18 the entry “SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030405 TO 20030428”;

	c.  adding to Item 12f the entry “0000 Year(s), 07 Month(s), 26 Day(s)”;

	d.  adding to Item 18 the entry “SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030410 - 20031001”; and

	e.  adding to Item 18 the entry “SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20040412 - 20040615.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the applicant's request to show he served continuously in support of Operation Enduring Freedom for the period 10 April 2003 to 15 June 2004.



      __________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)                                         AR20080005562



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ABCMR Record of Proceedings (cont)                                         AR20080005562



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