IN THE CASE OF:	    

		BOARD DATE:	         10 March 2009

		DOCKET NUMBER:   AR20090000471 


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, correction of his record of service in items 12d (Total Prior Active Service) and 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests correction of his DD Form 214 to show the dates of his overseas service in Kuwait/Iraq.

2.  The applicant states, in effect, that he served in Kuwait/Iraq from 19 January 
2003 through 7 June 2003.  Items 12d and 12f of his DD Form 214 were erroneously left blank and his DD Form 214 also does not show his overseas service in Kuwait/Iraq.

3.  The applicant provides a copy of Orders M-014-0059, dated 14 January 2003; a copy of Permanent Orders 43-8, dated 12 February 2003; and a copy of his DD Form 214 in support of this 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 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 DD Form 214 shows he was a member of the United States Army Reserve and entered active duty on 16 January 2003 in military occupational specialty 88M (Motor Transport Operator) and held the rank of sergeant/pay grade E-5.  The DD Form 214 confirms that the applicant was honorably released from active duty under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of required active service.

3.  Item 12d of the applicant's DD Form 214 contains the entry "SEE BLOCK #18."

4.  Item 12e (Total Prior Inactive Service) of the applicant's DD Form 214 contains the entry "SEE BLOCK #18."

5.  Item 12f of the applicant's DD Form 214 does not show evidence of foreign service.

6.  Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM."

7.  Item 18 of the applicant's DD Form 214 contains the entry "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION."

8.  375th Transportation Group Orders Number M-014-0059, dated 14 January 
2003 show the applicant was ordered to active duty on 19 January 2003 for mobilization for Operation Enduring Freedom.

9.  Headquarters, Fort Stewart and Hunter Army Airfield, Permanent Orders 43-8, dated 12 February 2003, show the applicant's unit was deployed to Kuwait.

10.  During the processing of this case, a staff member of the Board contacted the Defense Finance and Accounting Service (DFAS) to verify if the applicant received hazardous duty and/or imminent danger pay.  DFAS stated that there was no pay account information found corresponding to the applicant's social security number.

11.  Army Regulation 635-5 (Separation Documents) prescribes the policies and procedures regarding separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.  The regulation states, in pertinent part, enter in item 12d the total amount of prior active military service taken from previously issued DD Forms 214.  In item 12f, enter the total amount of foreign service completed during the period covered.  The amount of foreign service will be taken from the Soldier's Enlisted Record Brief.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his foreign service should be added to his DD Form 214.

2.  The evidence of record shows the applicant was ordered to active duty in support of Operation Enduring Freedom.  Records also contain orders that show his unit was deployed to Kuwait.  However, there is no evidence in the records to show the specific dates of his deployment.  Absent such evidence, to show the specific dates of deployment, the applicant's request for amendment of his DD Form 214 to show his foreign service, either in item 12f or item 18, cannot be approved at this time.

3.  Evidence shows that the applicant's DD Form 214 has missing information in items 12d and 12e.  His DD Form 214 also indicates that a DD Form 215 will be prepared to correct the missing information.  There is no evidence in the available records which show that a DD Form 215 was prepared to correct the missing information on his DD Form 214.  Therefore, he is entitled to correction of his records by preparation of a DD Form 215 to complete items 12d and 12e of his DD Form 214.

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 all Department of the Army records of the individual concerned be corrected by having the U. S. Army Human Resources Command - St. Louis audit his records and issue him a DD Form 215 to correct items 12d and 12e of his DD Form 214.

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 amendment of his DD Form 214 to show foreign service. 



      ___________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)                                         AR20090000471



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ABCMR Record of Proceedings (cont)                                         AR20090000471



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