IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080007372
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 the dates he served in Iraq.
2. The applicant states that his DD Form 214 does not contain the dates he served in the Persian Gulf Theater and is preventing him from qualifying for Persian Gulf grants.
3. The applicant provides deployment orders, orders awarding him the Combat Infantryman Badge (CIB), and a memorandum for record indicating that he deployed to the CENTCOM AOR in support of Operation Iraqi Freedom from 26 April to 18 November 2003.
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 in the United States Army Reserve (USAR) in Brooklyn, New York on 12 February 2001, under the Delayed Entry Program (DEP). He enlisted in the Regular Army on 21 February 2001, for a period of 3 years and training in the Infantry career management field.
3. He completed his one-station unit training (OSUT) at Fort Benning, Georgia and was transferred to Baumholder, Germany for assignment to the 1st Battalion, 6th Infantry Regiment as an infantryman. He was advanced to the pay grade of E-4 on 1 September 2002.
4. On 26 April 2003, he deployed with his unit to Iraq in support of Operation Iraqi Freedom. He was awarded the CIB for participating in combat operations against the enemy on 17 May 2003.
5. He departed Iraq on 18 November 2003 and was returned to his unit in Germany, where he remained until he was honorably released from active duty (REFRAD) on 20 February 2004. He had served 3 years of total active service and was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation. His DD Form 214 issued at the time of his REFRAD does not indicate his deployment to IRAQ in support of Operation Iraqi Freedom.
6. 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 deployed with his unit from Germany to Iraq in support of Operation Iraqi Freedom.
2. Accordingly, he is entitled to have his records corrected to reflect his service in Iraq from 26 April 2003 to 18 November 2003.
BOARD VOTE:
____X____ ___X_____ ___X_____ 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 block 18 of his DD Form 214 the statement SERVICE IN IRAQ FROM 20030426 - 20031118.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20080007372
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ABCMR Record of Proceedings (cont) AR20080007372
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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