IN THE CASE OF:	  

		BOARD DATE:	        13 JANUARY 2009

		DOCKET NUMBER:  AR20080016340 


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 records to show he served overseas in Iraq. 

2.  The applicant states, in effect, that he served in Iraq from October 1998 through May 1999.  However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show his overseas service time, which he needs to acquire medical benefits.

3.  The applicant provides a copy of his DD Form 214 and a self-authored letter addressed to the Department of Veterans Affairs in support of this 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 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 records show he enlisted in the Regular Army on 1 October 1992.  He completed basic combat and advanced individual training and was awarded the military occupational specialty 92Y (Unit Supply Specialist).  The highest rank he attained while serving on active duty was the grade of sergeant/pay grade E-5.

3.  The applicant states in the letter to the Department of Veterans Affairs he provided with this application that while he was assigned as the Supply Sergeant for Headquarters and Headquarters Company, 3d Battalion, 15th Infantry, he deployed to Iraq during the 99-01 Intrinsic Action from November 1998 to May 1999. 

4.  The applicant's DA Form 2166-7 (NCO Evaluation Report) contains bullet comments indicating he performed duties in support of Intrinsic Action 99-01.  However, it does not indicate whether the applicant actually served in Iraq during the evaluation period.
 
5.  The applicant's DA Form 2-1 (Personnel Qualification Record) does not show any overseas service or awards for any overseas service.  However, the DA Form 2-1 appears to have been last audited prior to his alleged overseas service.

6.  In the processing of this case the Board's staff contacted the Defense Finance and Accounting Service which confirmed that the applicant received imminent danger pay in Southwest Asia (Kuwait) from 1 December 1998 through 30 June 1999.

7.  The applicant's DD Form 214, item 12f (Foreign Service) shows no foreign service.

8.  The applicant's DD Form 214 shows he was discharged on 6 June 1999 under the provisions of Army Regulation 635-200 (Personnel Separations) with an honorable characterization of service after completing 6 years, 8 months, and 6 days of active military service.

9.  The purpose of the DD Form 214 is to record active military service and other pertinent data regarding that service normally needed to verify military service for benefits, retirement, employment, and membership in veterans' organizations.

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 item 12f.  The regulation also 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.

11.  This regulation further provides, in pertinent part, that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "Service in (name of country deployed) From (inclusive dates for example, YYYYMMDD – YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should show an overseas tour of duty in Iraq was carefully considered.

2.  Although the applicant's NCO Evaluation Report contains bullet comments showing he performed duties in support of Intrinsic Action 99-01, it is not possible to establish from this document whether the applicant actually deployed overseas.

3.  The applicant's DA Form 2-1 contains no evidence of deployment overseas.

4.  Although the Defense Finance and Accounting Service records show the applicant received imminent danger pay during the period 1 December 1998 through 30 June 1999, there is no evidence available indicating exact beginning and ending dates of foreign service.  Imminent danger pay is given in full months. Since foreign service entries on a DD Form 214 are exact dates, and there is no evidence to show the exact dates the applicant served in Iraq, there is insufficient documentation on which to grant the applicant's request.

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.



      _______ _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)                                         AR20080016340





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ABCMR Record of Proceedings (cont)                                         AR20080016340



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