IN THE CASE OF:
BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090007478
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 19 October 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Iraq and his award of the Army Commendation Medal (ARCOM).
2. The applicant states that he served overseas in Iraq and was awarded the ARCOM.
3. The applicant provides a copy of his ARCOM certificate.
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. The applicants records show he enlisted in the Regular Army 29 October 2002. He was discharged on 19 October 2005 under other than honorable conditions under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations). The applicant was credited with 2 years, 9 months, and 20 days of active Federal service.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards: National Defense Service Medal, Army Service Ribbon, Driver and Mechanic Badge, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal. The ARCOM is not listed on this form.
4. Permanent Orders 230-06, dated 18 August 2003, show that the applicant was awarded the ARCOM for meritorious service in support of Operation Iraqi Freedom from 14 April 2003 to 1 July 2003.
5. Information provided by Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and combat zone tax exemption from 14 April 2003 to 4 April 2004 while assigned in Kuwait.
6. In a telephone conversation between the case analyst and the applicant on 5 October 2009 concerning clarification of the country of deployment, the applicant explained that he was deployed in both Kuwait and Iraq. However, he could not recall the exact dates of deployment in either country.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f. Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. Permanent Orders 230-06 awarded the applicant the ARCOM. Therefore, his records should be corrected to show this award.
2. The applicant was awarded the ARCOM for meritorious service in support of Operation Iraqi Freedom from 14 April 2003 to 1 July 2003. Additionally, DFAS verified that the applicant received hostile fire pay/imminent danger pay and combat zone tax exemption from 14 April 2003 to 4 April 2004 for Kuwait. However, the exact dates of his deployment in either country are unknown. Therefore, his records will be corrected to show deployment in Kuwait/Iraq from 14 April 2003 to 4 April 2004 in item 18 of his DD Form 214.
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 ARCOM to his 19 October 2005 DD Form 214 and
b. by showing "SERVICE IN KUWAIT/IRAQ FROM 20030414-20040404" in item 18 of his 19 October 2005 DD Form 214.
______________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) AR20090007478
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ABCMR Record of Proceedings (cont) AR20090007478
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