IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080006692
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 his 15 August 2003 separation document (DD Form 214) be corrected to document his service in Uzbeckistan.
2. The applicant states, in effect, his service in Uzbeckistan between April and June 2003 is not reflected on his DD Form 214.
3. The applicant provides reassignment orders, travel orders, travel voucher, processing packet and Personnel Qualification Record (DA Form 2-1) in support of his application.
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's record shows that after completing more than 6 years of prior active duty service in an enlisted status, he was commissioned a second lieutenant (2LT) in the United States Army Reserve (USAR) and entered active duty in that status on 16 February 1996.
3. The applicant was promoted to first lieutenant on 16 February 1998, and to captain (CPT) on 1 March 2000.
4. On 17 March 2003, while serving at Fort Bragg, North Carolina, the applicant's temporary assignment to the United States Central Command (CENTCOM) in support of Operation Enduring Freedom was directed in XVIII Airborne Corps Orders 076-068. The applicant's reporting date was established as on or about 2 April 2003.
5. NATO Travel Orders, dated 17 March 2003, authorized the applicant's travel from Fort Bragg to Turkey, to the CENTCOM Area of Responsibility (AOR) and return. A paid travel voucher on file confirms the applicant's travel to and arrival in Uzbekistan on 13 April 2003, and his departure from Uzbekistan on 29 June 2003.
6. On 15 August 2003, the applicant was honorably released from active duty (REFRAD) and transferred to the USAR after completing a total of 14 years,
4 months, and 24 days of active military service. The separation document
(DD form 214) he was issued at the time shows he completed 4 years,
10 months, and 18 days of overseas service during the period covered by the
DD Form 214 (16 February 1996-15 August 2003). Item 18 (Remarks) is void of an entry pertaining to the applicant's service in Uzbekistan.
7. 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The instructions for Item 18 state, in pertinent part, that for an active duty Soldier active duty soldier deployed during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his service in Uzbeckistan should be documented on his DD Form 214 was carefully considered and found to have merit. By regulation, an entry will be made in Item 18 to document the deployed service of active duty Soldiers.
2. The evidence of record confirms the applicant served in Uzbeckistan from
13 April through 29 June 2003. Therefore, it would appropriate to add an entry documenting this service in Item 18 of his DD form 214.
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 adding the entry "SERVICE IN UZBECKISTAN from 20030413-20030629"; and by providing him a correction to his separation document that includes this change.
_______ 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) AR20080006692
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