IN THE CASE OF:
BOARD DATE: 15 October 16, 2008
DOCKET NUMBER: AR20080013141
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 his foreign service performed during Operation Iraqi Freedom (OIF).
2. The applicant states, in effect, that his DD Form 214 does not show his service performed during OIF.
3. The applicant provides a copy of his separation document and Headquarters, 1st Armored Division, Order Number 106-2, dated 16 April 2003, 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 that he enlisted in the Regular Army and entered active duty on 25 August 2000. He was trained in, awarded, and served in military occupational specialty (MOS) 19K (Abrams Armor Crewman). He continuously served until 8 October 2004, at which time he was honorably released from active duty (REFRAD) by reason of a disability that existed prior to service.
3. The applicants DD Form 214, issued on 8 October 2004, shows that he completed a total of 4 years, 1 month, and 14 days of active military service of which 3 years, 5 months and 21 days were foreign/oversea service. He was also authorized the following awards: the Army Good Conduct Medal; the National Defense Service Medal; the Army Service Ribbon, the Overseas Service Ribbon, and the Global War on Terrorism Service Medal.
4. On 16 April 2003, Headquarters, 1st Armored Division, issued Order Number 106-2, which announced that the applicants unit, 1st Squadron, 1st United States Cavalry, was directed to deploy from Germany to the United States Central Command (USCENTCOM) in Kuwait in support of Operation Enduring Freedom for a period of 365 days from on or about 26 April 2003 to 25 April 2004.
5. During the processing of this case, a staff member of the Board contacted a Defense Finance and Accounting Service official to ascertain if the applicant ever received hostile fire pay. It was determined that the applicant received hostile fire or imminent danger pay (IDP) while serving in Iraq for the period 1 April 2003 through 31 January 2004.
6. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for Item 13 states to enter the awards for all periods of service and Item 18 state that for active duty Soldiers deployed with his or her unit, the following entry will be made "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-18 of the awards regulation contains guidance on award of the Global War on Terrorism Expeditionary Medal (GWOTEM). It states, in pertinent part, that in order to be eligible for this award, a Soldier must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 non-consecutive days in designated Areas of Expedition (AOE) in direct support of Operations Enduring Freedom and/or Iraqi Freedom. Only Soldiers serving in an operationally deployed status in a designated AOE are eligible for the GWOTEM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his separation document should be corrected to show his service performed in support of OIF and the supporting documents he submitted were carefully considered and found to have merit.
2. The available evidence confirms the applicant deployed with his unit to the USCENTCOM in April 2003, and he received IDP from 1 April 2003 to
31 January 2004. Therefore, it would be appropriate to correct Item 18 of his
DD Form 214 to show this period of foreign service.
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. amending his DD Form 214, Item 18 to show "SERVICE IN IRAQ FROM 20030401 to 20040131; and
b. issuing him a correction to his DD Form 214 that reflects this change.
_______ _ _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) AR20080013141
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ABCMR Record of Proceedings (cont) AR20080013141
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