IN THE CASE OF:
BOARD DATE: 31 MARCH 2009
DOCKET NUMBER: AR20080015016
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Afghanistan from 23 October 2003 to 11 February 2004 in support of Operation Enduring Freedom.
2. The applicant states that his DD Form 214 is in error because he was discharged under a line-of-duty disability and all of his service records were not available at the time of his discharge.
3. The applicant provides a copy of his DD Form 214 for the period ending 25 April 2005; his DA Form 638 (Recommendation for Award), dated 22 January 2004, and his award certificate, dated 20 May 2004, for award of the Army Commendation Medal; and his medical evaluation board documentation, dated 5 January 2005, in support of his application.
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 in the U.S. Army Reserve (USAR) on 13 February 2002. He completed basic training and advanced individual training and was awarded military occupational specialty 77F (petroleum supply specialist). He was discharged from the USAR effective 23 April 2003.
3. The applicant enlisted in the Regular Army on 24 April 2003 for a period of 3 years.
4. The applicant provided a copy of an award certificate, dated 20 May 2004. This certificate shows he was awarded the Army Commendation Medal by Headquarters, 10th Aviation Brigade, Bagram, Afghanistan, Permanent Order Number 064-18, dated 4 March 2004, for meritorious service as an Aircraft Fuel Handler during Operation Enduring Freedom IV for the period 23 October 2003 to 30 April 2004.
5. His medical evaluation board documentation, dated 4 January 2005, indicates that he was deployed to Afghanistan in October 2003 and returned to the continental United States on 14 February 2004.
6. The applicant was discharged on 25 April 2005 in the rank of specialist. His DD Form 214 for the period ending 25 April 2005 shows he was awarded the Army Commendation Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.
7. His DD Form 214 for the period ending 25 April 2005 does not show any foreign service in item 12f (Foreign Service).
8. Item 18 of his DD Form 214 for the period ending 25 April 2005 does not indicate he served in Afghanistan.
9. In a 5 March 2009 electronic mail message, the Defense Finance and Accounting Service (DFAS) informed a staff member of the Case Management Division that the applicant served in Afghanistan from October 2003 to February 2004.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in block 12f. This regulation also states that an active duty Soldier ordered to active duty and deployed with his or her unit during their continuous period of active service will be reported in item 18 of the DD Form 214 with the statement: "SERVICE IN (Name of Country Deployed) FROM (inclusive dates)."
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served in Afghanistan from 23 October 2003 to 11 February 2004 in support of Operation Enduring Freedom.
2. The applicant's military records at DFAS show he served in Afghanistan from October 2003 to February 2004 (months of arrival to and departure from the hostile fire pay area are counted as whole months).
3. The applicant's military pay records combined with his personal statements are accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 for the period ending 25 April 2005 to show the entry "SERVICE IN AFGHANISTAN FROM 20031023 - 20040211." In addition, it would be appropriate to amend item 12f to show the entry "00 03 19."
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 item 18 of his DD Form 214 for the period ending 25 April 2005 to show the entry "SERVICE IN AFGHANISTAN FROM 20031023-20040211"; and
b. amending item 12f of his DD Form 214 for the period ending 25 April 2005 to show the entry "00 03 19."
___________XXX______________
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) AR20080015016
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