IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20090001533
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait and Iraq.
2. The applicant states, in effect, that his records do not show his overseas service.
3. The applicant provides, in support of his application, copies of his DD Form 214, reassignment orders and his DA Form 2-1 (Personnel Qualification Record Part II).
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. On 9 July 1999, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman). He was subsequently assigned for duty at Fort Benning, Georgia.
3. Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows that he served in Afghanistan during the period from 7 October 2001 to 7 January 2002 (3 months and 1 day).
4. Orders Number 90-14, Coalition Forces Land Component Command, dated
31 March 2003, shows that the applicant was assigned to the 3rd Infantry Division for the purpose of deployment in support of Operation Enduring Freedom [in Kuwait].
5. Memorandum, Headquarters, 18th Soldier Support Group, Camp Virginia, Kuwait, dated 17 April 2003, reassigned the applicant from the 3rd Infantry Division to the 4th Infantry Division.
6. Records at the Defense Finance and Accounting Service (DFAS) indicate that the applicant served in Kuwait from 1 March to 30 June 2003 (4 Months).
7. On 4 November 2003, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed
4 years, 3 months and 26 days of creditable active duty service.
8. Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any overseas service.
9. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Good Conduct Medal, National Defense Service Medal, Army Lapel Button, Army Service Ribbon, Expert Infantryman Badge, and the Parachutist Badge.
10. Item 18 (Remarks) of the applicant's DD Form 214 does not include any remarks regarding his deployed service to Afghanistan or Kuwait.
11. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the current period of active duty. It further provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his service in Kuwait and Iraq.
2. The available evidence shows that the applicant served in Afghanistan from
7 October 2001 to 7 January 2002 (3 months and 1 day) and in Kuwait from
1 March to 30 June 2003 (4 Months). This is a total of 7 months and 1 day of foreign service that should be shown in Item 12f of his DD Form 214.
3. The available evidence is insufficient to determine what, if any, service the applicant performed in Iraq. Therefore, that portion of his request pertaining to service in Iraq should be denied.
4. In view of the above, Item 18 of the applicant's DD Form 214 should be corrected to show that he served in Afghanistan from 7 October 2001 to
7 January 2002 and in Kuwait from 1 March to 30 June 2003.
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:
a. showing in Item 12f of his DD Form 214: 7 months and 1 day;
b. adding in Item 18 of his DD Form 214: Deployed to Afghanistan from 20011007 to 20020107//Deployed to Kuwait from 20030301 to 20030630.
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 he 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.
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