IN THE CASE OF:	

		BOARD DATE:	  21 August  2008

		DOCKET NUMBER:  AR20080010438 


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 separation document (DD Form 214) be corrected to show he is a wartime service veteran.  

2.  The applicant states, in effect, that his DD Form 214 does not show he is a wartime service veteran.

3.  The applicant provides no additional documents 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 applicant’s 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 applicant’s 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 he enlisted in the Regular Army and entered active duty on 10 May 2000.  He was trained in and awarded military occupational specialty (MOS) 31U (Signal Support Systems Specialist).  The highest grade he attained was specialist (SPC)/pay grade E-4.

3.  The applicant's Official Military Personnel File (OMPF) is void of any documents verifying that he deployed to Iraq, while serving on active duty.  The applicant’s DD Form 214 shows that he was assigned to a unit at Fort Hood, Texas.  The applicant’s Personnel Qualification Record – Part II does not show any overseas assignments. 

4.  The applicant’s DD Form 214 shows that on 15 July 2004, he was released from active duty with an honorable discharge under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required service.  He was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not document any overseas service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure, he earned the National Defense Service Medal, the Army Lapel Button, and the Army Service Ribbon.  Item 18 (Remarks) contains no entry pertaining to deployment service, and the applicant authenticated the separation document with his signature in Item 27 (Signature of Member Being Separated) on the date of his separation.

6.  During the review of this case, a member of the Board staff requested a review of the applicant’s pay record from the military pay office, Defense Finance and Accounting Service, Indianapolis Indiana.  There is no evidence that he was receiving Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) during his tenure on active duty.

7.  Army Regulation 600-8-22 contains the Army's awards policy.  It authorizes the Iraq Campaign Medal for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom and the Global War on Terrorism Expeditionary Medal (GWOTEM) for members deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Operations approved the GWOTEM included Operations Enduring and Iraqi Freedom, and was authorized for service in Iraq.  However, personnel were not authorized to receive both the Iraq Campaign Medal and GWOTEM for the same action, time period, or service.  

8.  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 preparation instructions for the DD Form 214.  The instructions of Item 12f (Foreign Service) state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 18 (Remarks) state, in effect, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be made in this item for an active duty Soldier deployed with his unit during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he is a wartime service veteran was carefully considered and found to be without merit.

2.  By regulation, the total amount of overseas service completed during the period covered by the DD Form 214 will be entered in Item 12f, and an entry will be made in Item 18 for an active duty Soldier deployed with his unit during the period covered by the separation document.  

3.  There is no evidence in his military or finance record nor has the applicant submitted any evidence which shows that he deployed to Iraq.  Therefore, the applicant’s DD Form 214 is correct and no correction is warranted.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080010438



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ABCMR Record of Proceedings (cont)                                         AR20080010438



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