DOCKET NUMBER: AR20090000969
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 show his deployment to Kuwait.
2. The applicant states, in effect, that his DD Form 214 does not show that he was deployed in support of Operation Enduring Freedom from 15 January 2003 to 5 July 2003 (a total of 5 months and 21 days) and that he served in a combat zone for 1 month.
3. The applicant provides no additional documentary evidence 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 enlisted in the Regular Army on 11 March 2002, trained as a crane operator, and was discharged on 4 November 2003.
3. Item 18 (Remarks) on the applicants DD Form 214 does not show any deployments and Item 12f (Foreign Service) does not show he served any foreign service.
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in a combat zone receiving hostile fire pay during the period
1 January 2003 to 31 July 2003 in Kuwait.
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. It states that, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item
18 (Remarks).
6. Army Regulation 635-5 also states that for Item 12f (Foreign Service), from the Soldier's records, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).
DISCUSSION AND CONCLUSIONS:
1. The DFAS information and the applicant's confirmation of his inclusive dates of service in Kuwait are accepted as sufficient evidence on which to amend item 18 on the applicants DD Form 214 to show he served in Kuwait. Therefore, item 18 on his DD Form 214 should be corrected to show he served in Kuwait from
15 January 2003 to 5 July 2003.
2. Item 12f of the applicant's DD Form 214 should also be corrected to show he served 5 months and 21 days of 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. adding the entry, SERVICE IN KUWAIT FROM 20030115-20030705 in item 18 on his DD Form 214; and
b. amending item 12f to show he served 5 months and 21 days of 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.
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