IN THE CASE OF:
BOARD DATE: 17 March 2009
DOCKET NUMBER: AR20080017918
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 the deployment entry in Item 18 (Remarks) of his DD form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show Iraq vice Afghanistan.
2. The applicant states, in effect, that Item 18 of his DD Form 214 erroneously shows he was deployed to Afghanistan instead of Iraq. He claims he informed out processing personnel of this error but they indicated that Afghanistan and Iraq were the same thing.
3. The applicant provides his DD Form 214 and a unit deployment memorandum 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 that he enlisted in the Regular Army and entered active duty on 25 June 1998, and that he was trained in and awarded military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator). His record also confirms that he was promoted to specialist (SPC)/
E-4 on 25 August 2000, and that this is the highest rank he held while serving on active duty.
3. The applicant's record shows that he earned the following awards during his active duty tenure: Army Achievement Medal (AAM-6th Award); Army Good Conduct Medal (AGCM); National Defense Service Medal (NDSM); Global War on Terrorism Expeditionary Medal (GWOTEM); Global War on Terrorism Service Medal (GWOTSM); Noncommissioned Officer Professional Development Ribbon (NCOPDR); Army Service Ribbon (ASR); Expert Marksmanship Qualification Badge with Rifle Bar; Parachutist Badge; and Driver and Mechanic Badge with Operator-S Bar.
4. On 25 July 2004, the applicant was honorably released from active duty (REFRAD), in the rank of SPC, after completing 6 years, 1 month, and 1 day of active military service. The DD Form 214 he was issued shows he completed
9 months and 28 days of overseas service in Item 12f (Foreign Service) and Item 18 contains an entry that indicates he served in Afghanistan in support of Operation Enduring Freedom, from 1 April 2003 through 28 January 2004.
5. The applicant provides a unit Memorandum for Record (MFR), dated 3 June 2004, which indicates the applicant was deployed in support of Operation Iraqi Freedom from 1 April 2003 through 28 January 2004.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item by item preparation instructions and the instructions for Item 18 state, in pertinent part, 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 added to Item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 18 of his DD Form 214 should be corrected to show he was deployed to Iraq and not Afghanistan was carefully considered and found to have merit.
2. The applicant's DD Form 214 confirms he completed 9 months and 28 days of overseas service during the period covered by the DD Form 214. Item 18 confirms he was deployed from 1 April 2003 through 28 January 2004, and the unit MFR provided by the applicant confirms this deployed service was completed in Iraq, in support of Operation Iraqi Freedom and not in Afghanistan in support of Operation Enduring Freedom as is currently listed in Item 18 of his DD Form 214. As a result, it would be appropriate to correct the deployed service entry in Item 18 accordingly.
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. deleting from Item 18 of his DD Form 214 the entry "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030401 TO 20040128";
b. adding to Item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20030401 20040128"; and
c. providing him a correction of his DD Form 214 that includes this change.
__________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) AR20080017918
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ABCMR Record of Proceedings (cont) AR20080017918
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