IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090000928
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 his period of overseas service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states the dates of his overseas service are not correct; he served overseas for 13 months.
3. The applicant provides no additional supporting documentation.
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 served on active duty from 6 February 2001 through 5 February 2005.
3. The applicant's iPERMS (integrated Personnel Electronic Records Management System) file is incomplete. There is no notation of his duty assignments or dates of foreign service.
4. Furthermore, the applicant's DA Form 2-1, (Personnel Qualification Record) ends for all purposes with entries made in late 2001.
5. His DD Form 214 shows the following pertinent information:
a. at block 12f (Foreign Service), 5 months and 12 days;
b. At block 18 (Remarks) service in designated Imminent Danger Pay area with service in Operation Iraqi Freedom (Iraq) from 19 March 2003 through 31 August 2003; and
c. his authorized awards are recorded as the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.
6. A review of the applicant's pay records shows he received hostile fire pay for the period 1 April 2003 through 31 March 2004 in Kuwait.
7. Army Regulation 635-5 (Separation Documents) provides the following pertinent directions for completing the DD Form 214:
a. in Block 12f (Foreign Service), enter the total amount of foreign service completed during the period covered is to be listed; and
b. at Block 18 (Remarks), entry of the following statement is mandatory for denoting foreign service in an area for which hostile fire pay or imminent danger pay is authorized: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant states the dates of his foreign service are not correct, he served overseas for 13 months.
2. Based on the best available information, the applicant is shown to have served in both Kuwait and Iraq during Operation Iraqi Freedom for the combined period from 19 March 2003 through 31 March 2004.
3. Based on this information, it is appropriate to correct the DD Form 214 to show:
a. at block 12f (Foreign Service ), 1 year and 13 days; and
b. at block 18 (Remarks), "SERVICE IN KUWAIT AND IRAQ FROM 19 MARCH 2003 THROUGH 31 MARCH 2004 IN SUPPORT OF OPERATION IRAQI FREEDOM."
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 showing:
a. at block 12f (Foreign Service ), 1 year and 13 days; and
b. at block 18 (Remarks), "SERVICE IN KUWAIT AND IRAQ FROM 19 MARCH 2003 THROUGH 31 MARCH 2004 IN SUPPORT OF OPERATION IRAQI FREEDOM."
_______ _ _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) AR20090000928
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000928
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010997
IN THE CASE OF: BOARD DATE: 25 NOVEMBER 2008 DOCKET NUMBER: AR20080010997 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the Global War on Terrorism Service Medal, the Army Service Ribbon, the Combat Infantryman Badge and the Parachutist Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a) amending block 12f of...
ARMY | BCMR | CY2014 | 20140006446
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq, the Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal. It also shows in: * block 12f (Foreign Service) the entry "0000-00-00" * block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon *...
ARMY | BCMR | CY2013 | 20130013114
It lists his awards as the Army Commendation Medal, Army Achievement Medal (2nd award), Army Good Conduct Medal, National Defense Service Medal, Global War On Terrorism Service Medal, and Army Service Ribbon. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry of the Army Commendation Medal from...
ARMY | BCMR | CY2014 | 20140005874
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Iraq and any awards and decorations to which she may be entitled for her service in Iraq. The applicant states: * she served in Iraq from December 2003 to December 2004 * her DD Form 214 does not show her combat service, overseas service, or awards and medals 3. Therefore, item 18 of her DD Form 214 should be corrected to show she served in Kuwait/Iraq from...
ARMY | BCMR | CY2008 | 20080010636
The applicant states, in effect, that a retired service member has never had to provide proof of military service using his DD Form 214; however, the State of Arkansas has issued veterans licenses plates veterans of World War II, the Korean War, Vietnam, the Persian Gulf, Enduring Freedom and Iraqi Freedom at the cost of $4.75 when they are initially issued and at the cost of $1.00 to renew. Item 12f (Foreign Service), of the applicant's DD Form 214, shows he had 0000 years, 00 months,...
ARMY | BCMR | CY2010 | 20100024072
BOARD DATE: 5 April 2011 DOCKET NUMBER: AR20100024072 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he served in Kuwait/Iraq for 12 months from April 2003 to April 2004 but his DD Form 214 omitted this foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from block 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 11 24"; b. adding to block...
ARMY | BCMR | CY2011 | 20110009635
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct period of his service in Iraq and to show his overseas service. The applicant states he was issued a DD Form 215 (Correction to DD Form 214) that shows incorrect dates for his service in Iraq, and his overseas service is not recorded in his military records. He was issued a DD Form 215, dated 9 November 2009, which corrected his DD Form 214 by amending block 12f...
ARMY | BCMR | CY2013 | 20130007355
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2012 to show award of the Combat Action Badge and the Iraq Campaign Medal. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. The evidence of record shows she served in Iraq from 18 August 2010 through 6 June 2011.
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 | 20090007483
Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, U.S. Army/U.S. Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from block 12f of his DD Form 214 the entry "0000 00 00"...