IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090002658 


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 Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the time he spent overseas during his three deployments.  

2.  The applicant states that his disability payments have been cut in half because of the absence of foreign service on his DD Form 214.

3.  The applicant then chronicles his three deployments, giving the month and year of his arrival and departure during each deployment.

4.  The applicant provides his DD Form 214; a memorandum for record dated 17 November 2004 from his former unit which shows he arrived in Iraq on 6 August 2003 and departed Iraq on 26 March 2004; a certificate of achievement; the orders awarding him the Good Conduct Medal; the orders promoting him to sergeant; a military education certificate; a certificate showing that the applicant is affiliated with the Army Signal Regiment; his Airborne Course Diploma; a certificate of achievement; and an Army Commendation Medal (ARCOM) certificate for the period 13 August 2003 to 13 February 2004.

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 military records show that he enlisted in the Regular Army on 3 January 2001, was awarded the military occupational specialty of signal support systems specialist, and was promoted to pay grade E-5.

3.  He was honorably released from active duty on 2 January 2005.  The DD Form 214 he was issued, Item 12f, Foreign Service, has "0000 00 00" entered.

4.  In the processing of this case, the Defense Finance and Accounting Service (DFAS) was contacted and stated that the applicant received imminent danger pay for the period 1 July 2002 to 31 January 2003 and 1 September to 30 November 2004 for Afghanistan, and 1 August 2003 to 31 March 2004 for Kuwait.

5.  The staff of the Board contacted the applicant concerning the dates of his deployments.  He stated that while he remembered the date he was ordered to active duty in July 2002 and the date he returned to the United States, he did not remember the exact dates of his arrival and departure from Afghanistan.  However, he did remember the exact dates of his second Afghanistan deployment:  he arrived on 18 September 2004 and departed on 19 November 2004.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  While it is evident that the applicant was deployed on three occasions, the exact dates of his deployments (except for his 2003/2004 deployment) are not a matter of record (imminent danger pay is paid in full month increments).  

2.  The applicant has verified the exact dates of his second Afghanistan deployment in a phone conversation.  The dates cited by the applicant coincide with his imminent danger pay for that period.  Therefore, these dates are accepted as valid.

2.  The entry for Item 12f, Foreign Service, is entered as years, months, and days.  This is an exact amount of time.  Since the exact dates of the applicant's 2002/2003 deployment cannot be determined with any certainty, this period of foreign service cannot be added to Item 12f of his DD Form 214.  However, it would be appropriate to add the foreign service which can be verified:  9 months and 21 days.

3.  In addition, the exact dates of his deployment to Kuwait/Iraq and his second tour to Afghanistan have been provided and/or verified.  As such, it would be appropriate to add these two deployments to Item 18 of the applicant's 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 the DD Form 214 of the individual concerned be corrected by:

   a.   adding to Item 18, Remarks, "SERVICE IN KUWAIT/IRAQ FROM 20030806 – 20040326 and SERVICE IN AFGANISTAN FROM 20040918 – 20041119." 
   
   b.  adding to Item 12f, Foreign Service, "0000  09  21" (0 years, 9 months, and 21 days.



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 correcting Item 12f of his DD Form 214 to add the time he served in Afghanistan during his first deployment.  




      _______ _   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)                                         AR20090002658





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ABCMR Record of Proceedings (cont)                                         AR20090002658



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