IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080011312
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 his dates of service in Iraq.
2. The applicant states that he deployed to Iraq but it is not shown on his
DD Form 214.
3. The applicant provides a Memorandum for Record, dated 22 June 2005.
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 26 June 2002, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 92G (Food Service Specialist).
3. On 22 June 2005, 782nd Main Support Battalion, 82nd Airborne Division, Fort Bragg, North Carolina, prepared a memorandum for record stating that the applicant had been deployed during the period from 9 August 2003 to 15 March 2004, and that he had not received a PERSTEMPO report due to a system malfunction. The memorandum does not identify the applicants location of deployment.
4. On 25 June 2005, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed 3 years of creditable active duty service.
5. Item 12f (Foreign Service) of the applicants DD Form 214 shows no credit for any overseas service. Item 18 (Remarks) does not include any remarks regarding his deployed service.
6. The applicants Enlisted Record Brief, dated 22 June 2005, does not show that he had any overseas service.
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 an entry in block 12f (Foreign Service) of the total amount of foreign service completed during the current period of active duty. It further provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The memorandum provided by the applicant is not sufficient by itself to show that he was deployed to Iraq. Should he have, or be able to obtain, assignment orders or other documentation to corroborate the memorandum, he may submit another application for consideration.
2. 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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ABCMR Record of Proceedings (cont) AR20080011312
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