IN THE CASE OF:
BOARD DATE: 30 October 2008
DOCKET NUMBER: AR20080014466
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 his Certificate of Release or Discharge from Active Duty (DD Form 214) for his period of service ending on 4 March 2004 to show that he served in Afghanistan from 22 February 2004 to 4 March 2004. He also requests correction of Item 12f (Foreign Service) of this DD Form 214 to show this overseas service.
2. The applicant states, in effect, that because his DD Form 214 does not show service in Afghanistan, he is only considered to be a Persian Gulf War veteran and not an Operation Enduring Freedom/Operation Iraqi Freedom veteran.
3. The applicant provides copies of his two DD Forms 214; an untitled computer printout reporting his Army service; identification card; and his diplomatic passport cover, inside front page, and entry/departure stamps.
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 27 March 1990, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
3. On 1 September 1996, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of staff sergeant, pay grade E-6, and had completed 6 years, 5 months, and 5 days of creditable active duty service.
4. During the period from 2 September 1996 to 8 January 1998, the applicant was an Army National Guard (ARNG) unit member. The available records do not provide any more information about this period of service.
5. The applicant had a break in service from 9 January 1998 to 25 October 2001.
6. On 26 October 2001, the applicant enlisted in the Massachusetts ARNG beginning in the rank of staff sergeant, pay grade E-6.
7. On 5 August 2002, the applicant was ordered to active duty in support of Operation Noble Eagle/Enduring Freedom. Records of his assignments during this period of active duty are not available for review. He was subsequently released from active duty on 4 March 2004. He had completed 1 year and 7 months of creditable active duty during this period service.
8. On 5 March 2004, the applicant was discharged from the Massachusetts ARNG. Item 23 (Authority and Reason) of his Report of Separation and Record of Service (NGB Form 22) indicates that he was discharged due to temporary overseas residence, employment, or missionary obligation.
9. Defense Finance and Accounting Service (DFAS) records do not show that the applicant received any imminent danger pay/hostile fire pay (IDP/HDP) between 2002 and 2004.
10. The computer printout provided by the applicant reports that he served in the Army from 27 March 1990 to 1 September 1996 and from 5 August 2002 to 4 March 2004. It further reports that he served in the Persian Gulf from 11 September 1990 to 1 August 1991. It does not show any other combat service.
11. The extracted portions of the applicants diplomatic passport show that he was issued this document on 18 February 2004 and that he arrived in Afghanistan on 22 February 2004 on a diplomatic assignment for the United States Government.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was ordered to active duty in support of Operation Noble Eagle/Operation Enduring Freedom. However, there is no evidence showing that he was deployed overseas during his period of active duty.
2. There is no available evidence showing that the applicant was placed on military orders for duty in Afghanistan, or that he served as a Soldier at any time in that country.
3. DFAS has no record of paying the applicant IDP/HDP between 2002 and 2004. It is highly probable that the applicant began his civilian job while on leave immediately prior to his release from active duty.
4. The available evidence shows that the applicant was in Afghanistan on 22 February 2004 and that he was there on a diplomatic assignment for the United States Government. This service appears to have been in a civilian capacity.
5. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080014466
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