IN THE CASE OF:
BOARD DATE: 26 FEBRUARY 2009
DOCKET NUMBER: AR20080017563
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in Turkey during the Gulf War.
2. The applicant states that he was assigned to C Battery, 1st Battalion,
6th Field Artillery Regiment and deployed to Turkey on 20 February 2003, for a couple of months in support of ARFOR-T Mardin. He goes on to state that he was one of the first troops sent to Turkey in 2003 to prepare for arrival of troops to invade Iraq from the Northern Border. He further states that he remained there until Turkey refused to allow the United States to send troops through and his unit returned to Germany. He continues by stating that he has been unable to find proof of his service in Turkey and he needs that proof to obtain additional educational benefits that is authorized for such service.
3. The applicant provides a copy of a wire transfer request and a copy of an envelope he dispatched from Turkey.
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 Regular Army in Syracuse, New York on 31 August 2000 for a period of 3 years, training as a cannon crewman, assignment to Europe, enrollment in the Army College Fund and a cash enlistment bonus.
3. The applicant completed one-station unit training (OSUT) at Fort Sill, Oklahoma and was transferred to Germany, on 22 January 2001, for assignment to the 1st Battalion, 6th Field Artillery Regiment, 1st Infantry Division in Bamberg, Germany. He was advanced to the pay grade of E-4 on 1 May 2002.
4. On 26 February 2003, he was deployed to Incirlik, Turkey as part of the 1st Battalion, 6th Field Artillery (Forward). He remained in Turkey until he returned to his unit in Germany on 23 April 2003.
5. On 30 August 2003, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD contains no entry in Block 18 (Remarks) reflecting his service in Turkey.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that entries will be made in Block 18 (Remarks) section for active duty Soldiers deployed with his or her unit to a foreign country during their continuous period of active service to reflect "Service in (Name of Country deployed) from (inclusive dates YYYYMMDD YYYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect his deployment to Turkey has been noted and found to have merit.
2. The evidence of record shows the applicant deployed to Turkey from 26 February to 23 April 2003 in support of ARFOR-T Mardin and his records should reflect that deployment.
3. Accordingly, it would be in the interest of justice to correct his DD Form 214 to show in Block 18, his deployment to Turkey during the period of 20030226 - 20030423.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his "Service in Turkey from 20030226 - 20030423."
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _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.
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