Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090000969
Original file (20090000969.txt) Auto-classification: Approved


		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 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 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 applicant’s 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 applicant’s 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.

ABCMR Record of Proceedings (cont)                                         AR20090000969



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000969



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090010837

    Original file (20090010837.txt) Auto-classification: Approved

    The applicant requests, in effect, that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployments in Kuwait and Iraq. The DFAS information which shows the applicant served in Kuwait and Iraq are accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq. As a result, the Board recommends denial of so much of the application that pertains to amending item 12f...

  • ARMY | BCMR | CY2008 | 20080014920

    Original file (20080014920.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in Kuwait. 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 applicant’s DD Form 214 to show he served in Kuwait. Item 12f of the applicant's DD Form 214 should also be corrected to show he served 2 months and 12...

  • ARMY | BCMR | CY2008 | 20080018614

    Original file (20080018614.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 show his deployment in Kuwait. 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 the applicant's DD Form 214 the entry "0000 00 00"; b. adding to item 12f of the applicant's DD Form 214...

  • ARMY | BCMR | CY2011 | 20110024226

    Original file (20110024226.txt) Auto-classification: Approved

    The applicant provides: * DD Form 214 * orders for deployment in February 2003 * Fort McCoy Military Personnel Division (MPD) Form 2543 (U.S. Army Reserve Active Guard and Reserve (AGR) End of Tour) * Certificate of Achievement * orders for deployment in August 2005 * three personal statements CONSIDERATION OF EVIDENCE: 1. The Fort McCoy MPD Form 2543, provided by the applicant, shows he was deployed to Germany, Kuwait, and Iraq from 9 February 2003 to 3 February 2004. As a result, the...

  • ARMY | BCMR | CY2012 | 20120020673

    Original file (20120020673.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant's military pay record confirms he received HFP/IDP and CZTE for the period 6 April 2003 through 16 March 2004 for service in Kuwait/Iraq. Therefore, it would be appropriate to correct item 12f of his DD Form 214 to show 11 months and 11 days and to correct item 18 of his DD Form 214 to show he served in Kuwait/Iraq from 6 April 2003 through 16 March 2004.

  • ARMY | BCMR | CY2010 | 20100029742

    Original file (20100029742.txt) Auto-classification: Approved

    It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)" in block 18 of the DD Form 214. The unit's history documents and DFAS information combined with the applicant's statement and NCOER are accepted as sufficient evidence to amend block 18 of the applicant's DD Form 214 to show he served two tours of duty in...

  • ARMY | BCMR | CY2011 | 20110004041

    Original file (20110004041.txt) Auto-classification: Approved

    His service medical records show he was deployed to Iraq from January to July 2003. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom. Therefore, item 12f of his DD Form 214 should be corrected to show he completed 6 months and 12 days of foreign service and item 18 should be corrected to show he served in Kuwait/Iraq from 8 January 2003 to 19 July 2003.

  • ARMY | BCMR | CY2009 | 20090015137

    Original file (20090015137.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states his service in Iraq and any awards received during his deployment need to be added to his DD Form 214. There is no evidence of record which shows the applicant served in Iraq.

  • ARMY | BCMR | CY2009 | 20090008635

    Original file (20090008635.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 2008 to show in item 12f (Foreign Service) that he served 2 years, 1 month, and 2 days of foreign service. He served until he was honorably released from active duty (REFRAD) on 5 December 2003 under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 4, by reason of...

  • ARMY | BCMR | CY2015 | 20150003689

    Original file (20150003689.txt) Auto-classification: Approved

    The applicant requests correction of item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq from January 2011 to February 2012. The regulation states: * Item 13 – will list all authorized awards * Item 12f – will list credit for all foreign service completed during the period covered by the DD Form 214 * Item 18 – for active duty Soldiers deployed with their units will list the entry, "SERVICE IN (NAME OF COUNTRY...