IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080018135
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 add his foreign service to Item 12f, Foreign Service, and that Item 18, Remarks, have the dates of his tours in support of Operation Iraqi Freedom entered as 22 January to 15 June 2003, and 5 March 2004 to 15 March 2005.
2. The applicant states that he served in Kuwait and Iraq during the periods cited.
3. The applicant provides his DD Form 214 and two DA Forms 638 (Recommendation for Award) along with award certificates.
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 military records show that he enlisted in the Regular Army on 4 May 2000, was awarded the military occupational specialty of light wheeled vehicle mechanic, and was promoted to pay grade E-4.
3. The first DA Form 638 submitted by the applicant shows he was awarded the Army Commendation Medal (ARCOM) for meritorious service while assigned to the 498th Medical Company in Kuwait during the period 22 January to 15 June 2003.
4. The second DA Form 638 submitted by the applicant shows he was awarded the Army Achievement Medal (AAM) for meritorious service while assigned to the 498th Medical Company (location not specified).
5. The applicant was honorably released from active duty on 3 July 2005. The DD Form 214 he was issued does not show his deployments or foreign service.
6. 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.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that when an active duty Soldier is deployed with his or her 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)."
8. In the processing of this case, the Board's staff contracted the Defense Finance and Accounting Service (DFAS) who stated that their records show that the applicant received Imminent Danger Pay (IDP) for the periods 1 January 2003 to 30 June 2003, and again from 1 March 2004 to 31 March 2005. Both periods are recorded to have been served in Kuwait.
DISCUSSION AND CONCLUSIONS:
1. Since IDP is awarded in full months, it cannot be used in and of itself to establish foreign service.
2. However, since the dates given by the applicant fall within the dates he received IDP, there is no reason to doubt the dates the applicant provided. however, while the applicant states that he served in both Kuwait and Iraq, the evidence provided by the applicant only shows that he served in Kuwait.
3. As such, it would be appropriate to correct the applicant's DD Form 214, Item 12f, to show 1 year, 5 months and 4 days of foreign service, and to correct Item 18 to add "SERVICE IN KUWAIT FROM 20030122 20030615 AND 20040305 20050315."
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 the DD Form 214 of the individual concerned be corrected by changing Item 12f to show 1 year, 5 months and 4 days of foreign service, and to change Item 18 to add "SERVICE IN KUWAIT FROM 20030122 20030615 AND 20040305 20050315."
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 that the individual concerned served in Iraq.
_______ _ 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) AR20080018135
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018135
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090000401
Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214 and two DA Forms 638 (Recommendations for Award) along with award certificates. The applicant also states that he served in both Kuwait and Iraq, however, the evidence provided by the applicant only shows he served in Kuwait during his first deployment.
ARMY | BCMR | CY2006 | 20060014841
Member Ms. Karmin S. Jenkins Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his DD Form 214 does not show his foreign service and that he served in Iraq from 26 February 2003 to 15 July 2003. The evidence of record shows that the applicant was deployed in support of Operation Iraqi Freedom and served in Kuwait based on verification he received HFP and IDP.
ARMY | BCMR | CY2012 | 20120011216
Application for correction of military records (with supporting documents provided, if any). He submitted a copy of Orders 224-01, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, ordering the 307th Engineer Battalion on a deployment/temporary change of station to the Central Command Area of Responsibility in support of Operation Iraqi Freedom (OIF), effective on or about 1 September 2003. He should be entitled to two bronze service stars to be worn with the Iraq Campaign...
ARMY | BCMR | CY2011 | 20110011036
Application for correction of military records (with supporting documents provided, if any). Based on his service in Kuwait/Iraq his DD Form 214 should be corrected to include the statement "SERVICE IN KUWAIT/IRAQ FROM 20041018 -20050315." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 04 28"; b. adding to Item 13...
ARMY | BCMR | CY2010 | 20100030302
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to properly show his period of deployment to Iraq as 5 March 2004 through 14 March 2005, a period of 1 year and 10 days. It states: a. the total amount of foreign service completed during the continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; b. for an active duty Soldier deployed with his or her unit during their continuous period of active...
ARMY | BCMR | CY2012 | 20120012094
Application for correction of military records (with supporting documents provided, if any). Item 18 of his DD Form 214 should be corrected to show the dates of his service in Kuwait/Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "00 03 25," b. adding the Iraq Campaign Medal with two bronze service stars to item 13 of his DD Form...
ARMY | BCMR | CY2009 | 20090018119
The applicant provided certificates and associated DA Forms 638 showing he was awarded: a. the Army Commendation Medal by Permanent Orders 280-004D for the period 1 April to 12 August 2003 for meritorious service during combat operations in Iraq; b. the Army Commendation Medal with first OLC by Permanent Orders 340-27 for the period 14 December 2005 to 14 December 2006 for meritorious service while serving as an equipment operator during Operation Enduring Freedom in Afghanistan; c. the Army...
ARMY | BCMR | CY2013 | 20130006348
Therefore, item 12f of his DD Form 214 should be corrected to show he completed 1 year, 6 months, and 2 days of foreign service and item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 11 January 2009 to 11 December 2009. Therefore, his DD Form 214 should be corrected to show award of the ICM with two bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the...
ARMY | BCMR | CY2014 | 20140008149
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq and any award for this service. Army Regulation 600-8-22 (Military Awards) states: a. There is no evidence and he provided none to show he was recommended for or awarded any personal medals or decorations for his service in Iraq.
ARMY | BCMR | CY2012 | 20120004297
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat service and campaign medals. On 2 August 2011, he was issued a DD Form 215 (Correction to DD Form 214) that corrected: * item 12f to show completion of 6 months and 29 days of foreign service * item 13 to add the Global War on Terrorism Expeditionary Medal * item 18 to show "SERVICE IN KUWAIT FROM 20030823-20040321" 7. As...