IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20090004448 


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 periods of service in Iraq ended on 2 April 2004 instead of 6 April 2004.

2.  The applicant states that he was released from active duty on 2 April 2004; however, his DD Form 214 shows he served in Iraq through 6 April 2004.

3.  The applicant provides a copy of his DD Form 214, dated 2 April 2004, in support of his request.

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.  With prior service in the U.S. Marine Corps, the applicant's record shows he enlisted in the Illinois Army National Guard (ILARNG) for a period of 3 years on 18 November 1994 and that he was trained in and awarded military occupational specialty (MOS) 92G (Cook).  His record also shows he executed two 3-year extensions in the ILARNG on 2 November 1997 and 15 November 2000.  He was assigned to the 233rd Military Police Company, Springfield, IL.

3.  On 7 February 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom for a period of 365 days.  He was ordered to report to his home station effective 7 February 2003 and his mobilization station at Fort McCoy, WI, effective 10 February 2003.

4.  The applicant's record contains a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 19 November 2003, that shows the applicant suffered an injury on 25 October 2003, while in Baghdad, when he hit his elbow on a 15-gallon pot and experienced numbness and pain in his fingers.  He was initially treated at the 28th Combat Support Hospital on 26 October 2003 and was subsequently medically evacuated to Landstuhl Army Hospital in Germany and Walter Reed Army Hospital, Washington, DC, for follow on treatment.  There is no indication in his record that he returned to Iraq.

5.  The applicant's record contains a DA Form 638 (Recommendation for Award), dated 3 November 2003, that shows he was awarded the Army Commendation Medal for exceptionally meritorious service while serving in Iraq from 7 April 2003 to 3 November 2003 in support of Operation Iraqi Freedom.

6.  The applicant was honorably released from active duty to the control of his ARNG unit on 2 April 2004.  The DD Form 214 he was issued shows he completed 1 year, 1 month, and 26 days of creditable active service during this period.

7.  Item 12f (Foreign Service) of the DD Form 214 he was issued shows he completed 6 months and 26 days of foreign service.

8.  Item 18 (Remarks) of the applicant's D Form 214 shows he served in Iraq from 8 October 2003 to 6 April 2004.

9.  An email, dated 24 April 2009, from the Defense Finance and Accounting service confirms that the applicant served in Kuwait from 6 April 2003 to 2 April 2004.


10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.   Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, the “Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his foreign service in Iraq is incorrectly shown on his DD Form 214.

2.  The evidence of record shows that the applicant departed for Iraq on 7 April 2003 as confirmed by his Army Commendation Medal which is also consistent with his pay record at DFAS.  He was injured on 25 October 2003 and was medically evacuated on an unknown date.  His award recommendation shows the ending date as 3 November 2003.  Although this date is not consistent with his pay record at DFAS, it is consistent with the period of foreign service shown on his DD Form 214.  Therefore, there is sufficient evidence that shows the applicant served in Iraq from 7 April 2003 to 3 November 2003 and is entitled to correction of his DD Form 214 to show this period 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 deleting the entry "Service in Iraq from 8 October 2003 to 6 April 2003" and adding the entry "Service in Iraq from 7 April 2003 to 3 November 2003." 




      _______ _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)                                         AR20090004448





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ABCMR Record of Proceedings (cont)                                         AR20090004448



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