IN THE CASE OF:	  

		BOARD DATE:	  	  26  March 2009

		DOCKET NUMBER:  AR20080016166 


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 that his 2002 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his year of service in Afghanistan, award of the Bronze Star Medal, and a listing of the military schools he completed.  He also requests, in effect, that his previous active duty, military training, and prior service be added to this DD Form 214.

2.  The applicant states the year he served in Afghanistan with his Reserve unit is not shown on his DD Form 214.  He also states that his Bronze Star Medal, which he refers to as the “Bronze Star medal of Honor,” is not mentioned on the DD Form 214, and the military schools he completed are also not on the DD Form 214.  He states none of his previous active duty dates, or training, or prior service is noted on his DD Form 214.  He notes this is his fifth request for the Army to correct his DD Form 214, that he served his country with pride and dignity, and he is asking for some assistance in resolving this matter.

3.  The applicant provides a copy of his previous DD Form 214 (1985); orders activating him for service in Operation Enduring Freedom; a copy of his Bronze Star Medal certificate; a copy of his 2002 discharge from the United States Army Reserve; and copies of his completion certificates for a 2000 Planning, Programming, Budgeting and Execution System Course; and a 2001 Resource Management Budget Course.




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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s Bronze Star Medal is reflected in item 13 (decorations, medals, badges, citations and campaign ribbons awarded or authorized) on his 2002 DD Form 214.  His 2000 Planning, Programming, Budgeting and Execution System Course and 2001 Resource Management Budget Course are reflected in item 14 (military education) on the 2002 DD Form 214 along with his Air Defense Artillery Basic Course and the Chaparral/Vulcan Officer Course.  In view of the forgoing, these issues will not be discussed further in this Record of Proceedings.

3.  Information available to the Board indicates the applicant was appointed as a United States Army Reserve second lieutenant in 1984.  His 1985 DD Form 214 shows that he served on active duty for a period of 3 months and 22 days between January and April 1985 while undergoing the Air Defense Artillery Officer Basic Course.

4.  In February 2001, the applicant was ordered to active duty for training for a period of 13 days.  On the applicant’s 2002 DD Form 214, his 3 months and 22 days of active duty in 1985 and his 13 days of active duty in February 2001 are appropriately recorded in item 12d (total prior active service).

5.  On 4 October 2001, the applicant was mobilized and ordered to active duty as a member of his Reserve component unit for a period of 365 days.  On 
23 October 2001, orders were issued authorizing the applicant to proceed on temporary duty to Uzbekistan via Germany and Turkey for a period of 60 days.  A 16 December 2001, memorandum for record signed by the Director, Joint Special Operations Task Force-North notes the applicant arrived in Uzbekistan on 26 October 2001, and departed on 20 December 2001.  Information obtained from the Defense Finance and Accounting Service (DFAS) indicates the applicant was in the CZTE (Combat Zone Tax Exclusion) area from 26 October 2001 through 19 December 2001.  Item 18 (remarks) on the applicant’s 2002 DD Form 214, however, indicates “Service in Uzbekistan 20011026-20011201.”

6.  On 23 April 2002 orders were issued deploying the applicant in a (Temporary Change of Station (TCS) status to Kuwait with a “will proceed” date of 25 April 2002.  Subsequent orders authorized him to proceed in a temporary duty status from Kuwait to Kandahar, Afghanistan for a period of 90 days commencing on 
3 May 2002.  Information provided by DFAS indicates the applicant was in the CZTE on this tour between 1 May 2002 and 3 October 2002.  There is no record of this second deployment in item 18 on the applicant’s 2002 DD Form 214.

7.  On 3 October 2002 the applicant was released from active duty at the “completion of required active service.”  The applicant’s prior inactive service of approximately 17 years (1984 to 2001) is captured in item 12e (total prior inactive service).  The applicant was not available to sign his DD Form 214.

8.  Army Regulation 635-5 (Separation Documents) states that a Reserve Soldier ordered to active duty and deployed to a foreign country will have the following statement entered in item 18 of his or her DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYMMDD-YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the applicant’s contention, his prior active and inactive military service is properly recorded in item 12 (record of service) on his 2002 DD Form 214 and as such no correction is necessary.

2.  The evidence does not support a conclusion the applicant was deployed to Afghanistan for a year.  Rather the available evidence suggests he was initially deployed to Uzbekistan between October and December 2001.  Based on information from DFAS and contained in the memorandum of record it appears he was deployed between 25 October and either 19 or 20 December 2001 and not between 26 October and 1 December 2001 as recorded in item 18 on his 2002 DD Form 214.  

3.  While the applicant does not specify the exact dates of his deployment to Afghanistan, the evidence available to the Board from orders and DFAS suggests that he arrived in Kuwait on or about 1 May 2002, subsequently moved on to Afghanistan and then departed the theater on or about 3 October 2002.


4.  While the evidence certainly confirms the applicant was in Kuwait/Afghanistan, the dates of his deployment are not entirely clear.  However, given the information contained on his deployment orders and the dates DFAS show he was in the CZTE it would be appropriate and in the interest of justice to correct item 18 of his October 2002 DD Form 214 to reflect "SERVICE IN KUWAIT/AFGHANISTAN FROM 20020501-20021003."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the statement "SERVICE IN KUWAIT/AFGHANISTAN FROM 20020501-20021003" to item 18 of his October 2002 DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he was deployed to Afghanistan for a year.




      _______ _   _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)                                         AR20080016166



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ABCMR Record of Proceedings (cont)                                         AR20080016166



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