IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080011111
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he participated in Operation Enduring Freedom.
2. The applicant states that he is trying to be seen at the Department of Veterans Affairs for Post Traumatic Stress Disorder but he needs proof of an operation that he took part in.
3. The applicant provides page 1 of a DA Form 638 (Recommendation for Award), dated 15 February 2002; and permanent orders, dated 14 November 2001.
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 on 13 August 1996, trained as a petroleum supply specialist, and was released from active duty on 20 October 2002.
3. Item 18 (Remarks) on the applicants DD Form 214 does not show any deployments.
4. In support of his claim, the applicant provided temporary change of station orders, dated 14 November 2001, for deployment to Camp Doha, Kuwait in support of BLACKJACK THUNDER and Operation Enduring Freedom. He also provided page 1 of a DA Form 638 which states that he was deployed to Kuwait in support of Operation Enduring Freedom.
5. Records at the Defense Finance and Accounting Service (DFAS) show the applicant was deployed to Kuwait, receiving hostile fire pay during the period
1 November 2001 to 30 April 2002.
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). There is no provision to show combat operations on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
There is no provision to show combat operations on the DD Form 214; however, the DFAS information is accepted as sufficient evidence on which to amend item 18 on the applicants DD Form 214 to show his dates of service in Kuwait.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ ___xx___ ___xx___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry, SERVICE IN KUWAIT FROM 20011101-20020430 in item 18 on his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show the entry, Operation Enduring Freedom.
________xxxx__________
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.
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