BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013331
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 reflect that he served in Iraq from 25 January 2005 to 20 June 2005.
2. The applicant states that his DD Form 214 incorrectly reflects that he served in Iraq from 24 January 2005 to 20 March 2005 when he actually served from 25 January 2005 to 20 June 2005.
3. The applicant provides a copy of his DD Form 214, a memorandum from his unit with supporting rosters showing his dates of deployment, an outprocessing report/deployment history showing his dates of deployment, and a copy of his deployment orders in support of his application.
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 applicant enlisted in the Regular Army (RA) on 4 September 2001 for a period of 4 years, training in military occupational specialty (MOS) 11B as an infantryman, and a cash enlistment bonus. He completed his one-station unit training at Fort Benning, GA and he was transferred to Alaska for assignment to the 2d Battalion, 1st Infantry Regiment, 172d Infantry Brigade (Separate) for duty as a machine gunner.
3. He completed his tour in Alaska and he was transferred to Fort Drum, NY for assignment to the 14th Infantry Regiment of the 10th Mountain Division. He deployed with his unit to Iraq on 25 January 2005 and he was advanced to the rank/grade of specialist (SPC)/E-4 on 1 March 2005.
4. He departed Iraq with his unit on 22 June 2005 and he was returned to Fort Drum, where he remained until he was honorably released from active duty (REFRAD) on 3 September 2005, due to completion of required service. He had served 4 years of total active service.
5. His DD Form 214 issued at the time of his REFRAD reflects in item 18 (Remarks) that he served in Iraq from 24 January 2005 to 20 March 2005.
6. Information received from the Defense Finance and Accounting Service (DFAS) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) for the period from 26 January to 19 June 2005.
7. The applicant provided documents from his unit that show that he was deployed to Iraq from 25 January 2005 to 22 June 2005.
DISCUSSION AND CONCLUSIONS:
1. The documents provided by the applicant are sufficient to show that the applicant served in Iraq from 25 January 2005 to 22 June 2005.
2. Although the dates provided by the unit do not coincide with the dates on the DD Form 214 and information obtained from the DFAS, they are closer to the DFAS dates than the dates currently reflected on the DD Form 214.
3. Therefore, since it is more reasonable that the unit would know first-hand what dates the unit and its personnel actually deployed, the applicant should be afforded any benefit of doubt that may exist.
4. Accordingly, his record should be corrected to reflect that he served in Iraq from 25 January 2005 to 22 June 2005.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 18 of his DD Form 214 the entry "Service in Iraq: 20050124 20050320" and replacing it with the entry "Service in Iraq From 20050125 - 20050622."
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_________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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