IN THE CASE OF:
BOARD DATE: 12 November 2008
DOCKET NUMBER: AR20080011502
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, correction of item 18 (Remarks) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was deployed to Afghanistan from 15 January 2004 through 3 July 2004 instead of service in Southwest Asia from 15 January 2004 through 4 April 2004.
2. The applicant states, in effect, that during his retirement outprocessing the administrative assistant did not put down the actual dates of his deployment to Afghanistan. He does not know why this error was made, or why he, or the clerk did not catch it.
3. The applicant provides a copy of his DD Form 214, deployment orders, Statement of Wartime Service, redeployment orders, a copy of his travel voucher settlement, and several Leave and Earning Statements (LESs) in support of his request.
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 military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT/O-1) on 21 February 1986, with prior enlisted service. He was promoted to major (MAJ/O-4) effective 1 July 1997.
3. The applicant served until he was separated for the purpose of retirement on 31 May 2005. He was placed on the Retired List effective 1 June 2005.
4. Item 18 of the applicant's DD Form 214 shows service in Southwest Asia from 15 January 2004 through 4 April 2004; however, he served in Afghanistan from 15 January 2004 through 3 July 2004.
5. Information provided by DFAS (Defense Finance and Accounting Service) revealed that the applicant served in Afghanistan from 15 January 2004 through 3 July 2004.
6. The applicant also provided additional source documents which show that he served in Afghanistan from 15 January 2004 through 3 July 2004.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket. In addition, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks), of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214, item 18 shows service in Southwest Asia from 15 January 2004 through 4 April 2004, which is incorrect.
2. The information provided by DFAS and additional source documents provided by the applicant revealed that he served in Afghanistan from 15 January 2004 through 3 July 2004 instead of Southwest Asia. Therefore, he is entitled to correction of item 18 of his DD Form 214 to show the entry "SERVICE IN AFGHANISTAN FROM 20040115 20040703."
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:
a. deleting the entry, "SERVICE IN SOUTHWEST ASIA 20040115 20040404" from item 18 of his DD Form 214; and
b. adding the entry, "SERVICE IN AFGHANISTAN FROM 20040115 - 20040703" in item 18 of his DD Form 214.
_______ _ 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) AR20080011502
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