IN THE CASE OF: .
BOARD DATE: 3 MARCH 2009
DOCKET NUMBER: AR20080019167
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 item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
30 March 2005 be corrected.
2. The applicant states that item 12f on his DD Form 214 for the period ending 30 March 2005 does not show that he served in Iraq from 18 March 2004 to
23 February 2005.
3. The applicant provides a copy of his DD Form 214 for the period ending
30 March 2005; a DD Form 215 (Correction to DD Form 214); four Leave and Earnings Statements; and orders, dated 26 February 2005, 17 December 2003, and 6 December 2003 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 was ordered to active duty from the Army National Guard on 7 December 2003 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 18 March 2004 to 23 February 2005 (a total of 11 months and 6 days). On 30 March 2005, the applicant was released from active duty.
3. Item 12f on the applicants DD Form 214 for the period ending 30 March 2005 shows the entry, 0000 00 00. Item 18 (Remarks) on this DD Form 214 states, in pertinent part, SERVICE IN KUWAIT/IRAQ: 20040318-20050223.
4. In support of his claim, the applicant provided orders which show he was ordered to active duty on 7 December 2003 in support of Operation Iraqi Freedom, four Leave and Earnings Statements which show he received hostile fire pay, and orders which show he was released from active duty on 30 March 2005. He also provided a DD Form 215, dated 10 January 2006, which shows the Iraqi Campaign Medal was added to his DD Form 214 in lieu of the Global War on Terrorism Expeditionary Medal.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.
DSCUSSION AND CONCLUSIONS:
Based on the applicants service in Kuwait/Iraq from 18 March 2004 to
23 February 2005 (a total of 11 months and 6 days), and in accordance with the governing regulation, item 12f on his DD Form 214 for the period ending
30 March 2005 should be corrected to show this foreign service.
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 the entry in item 12f on his DD Form 214 for the period ending
30 March 2005; and
b. adding the entry "0000 11 06" in item 12f of this DD Form 214.
_________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) AR20080019167
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