IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080009564
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show in Item 12g credit for sea service.
2. The applicant states that his deployment time is not shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and page one of his Soldier Deployment History Out-processing Report dated 6 June 2007.
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. On 29 December 1998, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 92G (Food Service Operations).
3. The Soldier Deployment History Out-processing Report dated 6 June 2007 shows that he was deployed to an unspecified location during the period from
26 April 2003 to 21 July 2004.
4. Defense Finance and Accounting Service records show that the applicant received imminent danger pay for service in Iraq during the period from
25 April 2003 to 20 July 2004.
5. On 25 May 2008, the applicant was released from active duty due to a physical disability and transferred to the United States Army Reserve Control Group (Retired Reserve). He had attained the rank of specialist, pay grade E-4 and had completed 9 years, 4 months, and 27 days of creditable active service.
6. Item 12 (Record of Service) of the applicants DD Form 214, shows in block 12f that he completed 2 years and 25 days of foreign service during this period of active duty. It does not indicate in block 12g any credit for sea service during this period of active duty.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for the entry of the total amount of sea service completed during the period covered in block 12g. Orders are required to verify that sea duty was required and as proof that the Soldier actually served on that duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was deployed to Iraq during the period from April 2003 to July 2004; however, there is no available evidence showing that any of this service was qualifying sea service.
2. Item 12f (Foreign Service) of the applicants DD Form 214 currently shows that he served 2 years and 25 days overseas.
3. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ __X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___________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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080009564
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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