IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080017683
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, that his records be corrected to show he was deployed.
2. The applicant states, in effect, that he would like his deployment time added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides a copy of orders for the Combat Infantryman Badge and a copy of his certificate for an Army Commendation Medal 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's record shows he enlisted in the Regular Army on 27 July 1983. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). The highest grade he held was staff sergeant (SSG)/E-6.
3. The applicant submitted a copy of Permanent Orders Number 071-640, Headquarters, 10th Mountain Division, CJTF Mountain, APO, AE dated 12 March 2002, which shows the applicant was awarded the Combat Infantryman Badge for engaging in active ground combat from 2 - 10 March 2002.
4. The applicant submitted a copy of an Army Commendation Medal certificate which shows that Permanent Orders Number 136-003, Headquarters Task Force Rakkasan, 101st Airborne Division, (AASLT), Qandahar, Afghanistan, dated
16 May 2002, awarded him the Army Commendation Medal for exceptionally meritorious service while assigned to the Headquarters and Headquarters Company, 1st Battalion, 187th, Infantry Regiment while deployed to CJOA [Combined/Joint Operations Area], Afghanistan in support of Operation Enduring Freedom from 17 November 2001 to 15 May 2002.
5. On 31 October 2003, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Retired) by reason of sufficient service for retirement. He had completed a total of 20 years,
3 months, and 4 days of creditable active service.
6. Item 18 (Remarks) of the applicant's DD Form 214 does not show the applicant was deployed.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate.
8. Army Regulation 635-5 also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his records be corrected to show his service in Afghanistan was carefully considered and found to have merit.
2. The evidence of record provides sufficient evidence showing his service in Afghanistan in support of Operation Enduring Freedom. Based on the foregoing, he is entitled to have his records corrected to show "SERVICE IN AFGHANISTAN FROM 20011117 to 20020515."
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 adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 2001117 20020515."
___________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) AR20080017683
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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