BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090013745
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, in effect, correction of his records to show his two tours in Iraq.
2. The applicant state, in effect, that he deployed to Iraq in 2003 with the 4th Infantry Division and in 2005 with the 297th Military Intelligence Battalion, 513th Military Brigade.
3. The applicant did not submit any additional documents in support of this 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's record shows he enlisted in the Regular Army (RA) on
3 March 1999.
3. Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served in Korea from 1 November 1999 through 31 October 2000 and in Iraq from 6 April 2003 through 15 August 2003.
4. Section I (Assignment Information) of the applicant's Enlisted Record Brief (ERB) shows that he returned from Korea in November 2000 after serving
12 months and from Iraq in August 2003 after serving 4 months.
5. The applicant's record contains a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]), initiated on
3 September 2005 while he was assigned to Headquarters and Headquarters Service Company, 297th Military Intelligence Battalion, at Camp Slayer, Iraq.
6. During the processing of this case, a staff member of the Board requested the Defense Finance and Accounting Service (DFAS) verify the applicant's deployment dates. The DFAS' response shows the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for the following deployments:
a. 20030409 through 20030809 for Kuwait; and
b. 20041118 through 20051105 for Kuwait.
7. On 6 February 2006, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had completed a total of 6 years, 10 months, and 28 days of creditable active service.
8. Block 12f (Foreign Service) of the applicant's DD Form 214 contains the entry "0001 [years] 04 [months] 00 [days]."
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).
10. Army Regulation 635-5 also states that for block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record provides sufficient evidence to show the applicant served in Iraq in support of Operation Iraqi Freedom during the period 6 April 2003 through 15 August 2003 and 18 November 2004 through 5 November 2005. Therefore, the applicant is entitled correction of his records to show "SERVICE IN IRAQ FROM 20030406 20030815 and 20041118 - 20051105."
2. Item 12f currently shows 1 year and 4 months of foreign service based on his deployment to Iraq from 6 April 2003 through 15 August 2003 and his tour of duty in Korea from 1 November 1999 through 31 October 2001. He also served in Iraq from 18 November 2004 through 5 November 2005. Therefore, block 12f of the applicant's DD Form 214 should be corrected to reflect "3 [years] 3 [months]
20 [days]" of total 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:
a. deleting from block 12f of his DD Form 214 the entry "0001 04 00";
b. adding to block 12f of his DD Form 214 the entry "0003 03 20"; and
c. adding to block 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20030406 - 20030815 and 20041118 - 20051105."
__________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) AR20090013745
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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