IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080010279
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 APPLICANTS REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployed service in Iraq.
2. The applicant states that his time served in Iraq is missing from his
DD Form 214.
3. The applicant provides a DD Form 214, retirement transition order, temporary change of station (deployment) order, four memoranda for record, and a recommendation for award of the Army Commendation Medal.
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 applicants records show he enlisted in the Regular Army on
10 November 1983. He completed basic combat and advanced individual training and was awarded the military occupational specialty of heavy anti-armor weapons infantryman. The highest rank he attained while serving on active duty was sergeant first class (SFC)/pay grade E-7.
3. Section I Assignment Information Overseas Duty on the applicants Enlisted Record Brief (ERB) shows he deployed to country code IZ [Iraq] for
11 months, ending in August 2003.
4. A DA Form 638 (Recommendation for Award) shows the applicant was assigned to Camp Doha and Camp Udari, Kuwait in support of Operation Enduring Freedom for a number of months.
5. The applicant provided two memoranda of record from his squadron adjutant and regimental commander which confirmed he served in the Central Command Area of Responsibility in support of Operation Iraqi Freedom during the period from 1 October 2002 through 15 August 2003.
6. The applicants DD Form 214 shows he was honorably retired on 31 January 2004 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of sufficient service for retirement after completing 20 years, 2 months, and 21 days of total active military service.
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 (Remarks) to show SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD YYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. The applicants ERB and other available records show the applicant was deployed overseas to Kuwait/Iraq during the October 2002 to August 2003 time frame. Two of the memoranda of record provided by the applicant specifically indicate he was deployed to Iraq during the period from 1 October 2002 to
15 August 2003. This does appear to be an error, however. The war in Iraq did not begin until March 2003, and other evidence indicates he was in Kuwait in support of Operation Enduring Freedom for a number of months.
2. As such, it would be appropriate to correct the applicants DD Form 214 to show that he served in Kuwait/Iraq during the period from 1 October 2002 to
15 August 2003.
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 to Item 18 of the applicants DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20021001 20030815."
__________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) AR20080010279
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ABCMR Record of Proceedings (cont) AR20080010279
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