IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080008727
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 6-month tour in Iraq be added to his separation document, DD Form 214.
2. The applicant states that his Iraq tour is not reflected on his DD Form 214.
3. The applicant provides excerpts from his military records.
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 military records show that he enlisted in the Regular Army on 8 July 1997, was awarded the military occupational specialty of food service specialist, and was promoted to pay grade E-4
3. On 31 January 2003, Orders 031-300 were published. These were group orders for Service Battery, 1st Battalion, 17th Field Artillery. These orders directed a temporary change of station from Fort Sill, Oklahoma to Central Command. These orders were for between 179 to 364 days and specified a will proceed date of on or about 15 February 2003.
4. On 3 June 2003, a message with the subject FRAGO 614 (EXCESS BAGGAGE / OCIE TURN-IN FOR INDIVIDUAL REDEPLOYING SOLDIERS) TO TF IH OPORe 03-0S/IV (REGIME REMOVAL), provided guidance on the procedures Soldiers who were redeploying as individuals (not with their units) were required to take. In that message it was stated "As a result of operational requirements related to planning for combat operations (to wit: entry into Iraq from Turkey and then subsequently from Kuwait), all TF IH Soldiers were required to draw additional OCIE and were authorized to deploy with additional baggage (3 X duffle bags and 1 X rucksack)."
5. In a letter dated 25 August 2003, it was stated that the applicant was to out process from the theater of operations from 25 to 31 August 2003, he was to take leave from 1 to 30 October 2003, and he was to go on permissive temporary duty and out process from his unit and Army from 1 to 30 September 2003.
6. On 20 October 2004, the applicant was honorably discharged for physical condition, not a disability.
7. The purpose of the DD Form 214 is to record active military service and other pertinent data regarding that service normally needed to verify military service for benefits, retirement, employment, and membership in veterans' organizations.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD YYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. While the excerpts from the applicant's military records conclusively show that he served in Iraq, the exact dates he was in Iraq is not a matter of record. Exact dates are required since the entry on a DD Form 214 for foreign service is entered as exact dates.
2. The applicant's unit's group deployment orders gave an on or about date for the unit's deployment. The 3 June 2003 message which provided guidance on Soldiers who were redeploying as individuals stated that since many units entered into Iraq from Turkey and then subsequently from Kuwait. As such, even if the applicant's deployment dates could be verified there is no evidence to show the exact dates the applicant served in Iraq since there is no evidence or indication that the applicant went directly to Iraq.
3. In view of the foregoing, there is insufficient evidence in which to grant the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. 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) AR20080008727
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008727
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027081
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal (ICM) with two bronze service stars, his foreign service, and all combat patches he is entitled to. The governing regulation for preparation of the DD Form 214 does not provide for showing unit combat patches. 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...
ARMY | BCMR | CY2009 | 20090003458
Soldiers serving in this area on or after 11 September 2001 in support of Global War on Terror (Operations Enduring Freedom and Iraqi Freedom) and who meet the general award criteria are authorized award of the Global War on Terrorism Expeditionary Medal. Therefore, there is sufficient evidence to support awarding the applicant the Combat Action Badge and correcting his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100015033
The applicant requests correction of his records to show: * Assignment to B Company, 6th Battalion, 502nd Infantry, Berlin Brigade, from 2 March 1991 to 31 August 1991 * Deployment to Silopi, Turkey, in support of Operation Provide Comfort from July 1991 to August 1991 * All awards and decorations associated with his deployment. His DA Form 2-1 (Personnel Qualification Record) does not show his assignment to the 6th Battalion nor does it show any activities after his arrival in Berlin in...
ARMY | BCMR | CY2011 | 20110004685
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Bosnia in support of Operation Joint Forge and his service in Turkey in support of Operation Iraqi Freedom. He deployed to Turkey in support of Operation Iraqi Freedom from 19 February to 15 April 2003. The applicable regulations provide that the DD Form 214 will be prepared to reflect service in the country to which deployed and the dates deployed for...
ARMY | BCMR | CY2008 | 20080018810
The applicant provides: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 January 2003 to 30 April 2004; b. an excerpt from Army Regulation 600-8-22 (Military Awards) dealing with the ICM; c. an internet document dealing with the ICM; d. a memorandum, 450th Transportation Battalion (Movement Control), Manhattan, KS, dated 2 December 2005, awarding the applicant the Armed Forces Reserve Medal with "M" Device, the National Defense Service Medal, the Global...
ARMY | BCMR | CY2012 | 20120001733
Application for correction of military records (with supporting documents provided, if any). During the processing of this case, an ABCMR staff member contacted the applicant to determine if she desired to have her DD Form 214 corrected to show her authorized awards related to her service in support of Operation Iraqi Freedom (OIF), and if she had a preference regarding award of the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Iraq Campaign Medal (ICM). Records show the...
ARMY | BCMR | CY2004 | 20040010373C070208
Therefore, he is entitled to award of the ICM and correction of his records to show this service medal. Therefore, he is entitled to award of the GWOTSM and correction of his records to show this service medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting Item 7b of his DD Form 214 to show ZIP Code 74464; b. correcting the dates of service in Southwest Asia in Item 18 of his DD Form 214 from 20040402 -...
ARMY | BCMR | CY2009 | 20090003634
The applicant provides, in support of his application, copies of his reenlistment contract, his Physical Evaluation Board (PEB) Proceedings, statements from three former Soldiers, and his DD Form 214 with a separation date of 3 August 2004. Two of the statements submitted by the applicant corroborate his statement that he was in Iraq, he reenlisted in Iraq, and the PEB indicates he was in Iraq from April 2003 to December 2003. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090001450
The applicant provides the following documents in support of his application: a. a DA Form 638 (Recommendation for Award), dated 19 December 2003, issued on 15 January 2004, and approved 20 March 2004, awarding him the Army Commendation Medal for the period 2 May 2003 to 30 April 2004; b. an Army Commendation Medal Certificate for service from 1 May 2003 to 1 May 2004; c. Orders 106-27, Headquarters, 1st Armored Division, Europe, dated 16 April 2003, directing a temporary change of station...
ARMY | BCMR | CY2009 | 20090002890
The applicant provides copies of a DD Form 214, deployment orders (Afghanistan), redeployment orders (Iraq), and a Deployment History Report as documentary evidence in support of this application. Evidence shows the applicant served a qualifying period of service in a designated area of eligibility for award of the Global War on Terrorism Service Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show his deployments to Kuwait and Afghanistan during the period...