Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090000401
Original file (20090000401.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20090000401 


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).  He also requests that Item 18 (Remarks) be corrected to show the dates of his tours in support of Operation Iraqi Freedom were 
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 (Recommendations 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 applicant’s 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 applicant’s 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.  He 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) during Operation Iraqi Freedom II during the period 5 March to 1 December 2004.

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 contacted 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.  The dates given by the applicant fall within the dates he received IDP; therefore, there is no reason to doubt the dates the applicant provided.  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.  For his second deployment, while it would appear that the applicant served in both Iraq and Kuwait, there is no evidence to verify his service in Iraq.  However, his AAM shows that he served in Operation Iraqi Freedom II.  Since the actual country the applicant served in cannot be determined, it would be appropriate to enter the operation he served in instead of the country for that deployment.

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 by adding "SERVICE IN KUWAIT FROM 20030122 – 20030615 AND SERVICE IN OPERATION IRAQI FREEDOM II FROM 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:

   a.  deleting the entries that are currently shown in Item 12f;  

   b.  adding 1 year, 5 months and 4 days to Item 12f; and 
   
   c.  adding to Item 18 "SERVICE IN KUWAIT FROM 20030122 – 20030615 AND SERVICE IN OPERATION IRAQI FREEDOM II FROM 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)                                         AR20090000401



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080018135

    Original file (20080018135.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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. As such, it would be appropriate to correct the applicant's DD...

  • ARMY | BCMR | CY2006 | 20060014841

    Original file (20060014841.txt) Auto-classification: Approved

    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 | CY2013 | 20130006348

    Original file (20130006348.txt) Auto-classification: Approved

    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 | CY2011 | 20110011036

    Original file (20110011036.txt) Auto-classification: Approved

    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 | CY2012 | 20120011216

    Original file (20120011216.txt) Auto-classification: Approved

    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 | CY2009 | 20090009522

    Original file (20090009522.txt) Auto-classification: Approved

    The applicant states his deployments and awards are not listed on his DD Form 214. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF). DFAS records, orders for the applicant's unit, and his orders for the award of the Joint Service Achievement Medal are sufficient evidence to conclude he was deployed to Afghanistan from 23 May 2003 - 8 September 2003 (20030523 -...

  • ARMY | BCMR | CY2008 | 20080018878

    Original file (20080018878.txt) Auto-classification: Approved

    Army Regulation 635-5 states that for item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period). The evidence of record provides sufficient evidence showing her service in Iraq in support of Operation Iraqi Freedom II during the period from 25 October 2004 to 10 March 2005. Item 13 of her DD Form 214 already shows an award of the Army Achievement Medal.

  • ARMY | BCMR | CY2014 | 20140008149

    Original file (20140008149.txt) Auto-classification: Approved

    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 | 20120012094

    Original file (20120012094.txt) Auto-classification: Approved

    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 | CY2012 | 20120005431

    Original file (20120005431.txt) Auto-classification: Approved

    BOARD DATE: 25 September 2012 DOCKET NUMBER: AR20120005431 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant contends that his DD Form 214 should show his correct foreign and combat service in Kuwait/Iraq. With respect to his deployed service, although the second period of service in Kuwait/Iraq from 17 March 2010 to 1 February 2011 is reflected in item 18 of his DD Form 214, the first period of service in Kuwait/Iraq from 27 December 2007 to 16 February 2009 is not.