IN THE CASE OF:
BOARD DATE: 6 AUGUST 2009
DOCKET NUMBER: AR20090003485
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Macedonia 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, deployment orders, and award and achievement certificates.
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 25 October 2000, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).
3. On 25 May 2001, the applicant was assigned to Fort Hood, Texas for duty as a supply specialist.
4. Defense Finance and Accounting Service (DFAS) records show that the applicant received hostile fire pay for his service in Macedonia from 1 April 2002 to 30 September 2002 [6 months]; and for his service in Kuwait from 1 March to
30 September 2003 [7 months]. NOTE: Hostile fire pay is paid on a monthly basis for any amount of service during the month.
5. On 20 December 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
3 years, 1 month and 26 days of creditable active duty service.
6. Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any overseas service.
7. Item 18 (Remarks) of the applicant's DD Form 214 does not include any remarks regarding his deployed service to Macedonia or Kuwait.
8. 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)."
9. The award certificate for the Army Commendation Medal shows that the applicant participated in combat operations against a hostile force during Operation Iraqi Freedom, with the 15th Military Intelligence Battalion in Iraq.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that two periods of overseas deployment that he performed while he was on active duty are not recorded on his DD Form 214.
2. The available evidence shows the applicant received hostile fire pay for service in Macedonia for a period of 6 months from 1 April to 30 September 2002; and in Kuwait for 7 months from 1 March to 30 September 2003.
3. There are no available personnel records showing the applicant's actual days of deployment. Therefore, correction of his records cannot be made at this time.
4. Should the applicant have, or be able to obtain documentary evidence showing his actual dates of service in each country, he may submit another request for consideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ _____X___ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __XXX_____ ___
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) AR20090003485
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ABCMR Record of Proceedings (cont) AR20090003485
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