IN THE CASE OF:
BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090020621
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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Iraq; and item 18 (Remarks) be corrected to show the correct dates of his deployment to Iraq.
2. The applicant states item 12f does not include the time he served in Iraq and item 18 incorrectly show his dates of service. His actual dates of service in Iraq were 30 October 2003 through 2 November 2004.
3. The applicant provides a DD Form 214 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 on 9 November 2000. He was trained in and awarded military occupational specialty 11B (Infantryman).
3. The applicant's Defense Finance and Accounting Service (DFAS) pay record confirms he received hostile fire pay/imminent danger pay from 15 November 2003 through 1 November 2004.
4. On 28 February 2005, the applicant was honorably released from active duty after completing 4 years, 3 months, and 22 days of active duty service. Item 12f of his DD Form 214 contains the entry "0000 00 00," indicating no overseas service was performed during the period covered by the DD Form 214. Item 18 contains an entry indicating he served in Kuwait/Iraq from 15 November 2003 through 3 November 2004 (11 months and 20 days).
5. The applicant's Official Military Personnel File is void of orders or documents indicating he began his Kuwait/Iraq service on 30 October 2003.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army. It also contains instructions for preparing the DD Form 214. This instructions for item 12f state to list the total amount of foreign service completed during the continuous period of active service; and the instructions for item 18 provide for including the following entry for active duty Soldiers deployed during the period covered by the
DD Form, 214: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 12f should be corrected to show his service in Iraq was carefully considered and found to have merit. By regulation, the total amount of overseas service a member completed during the period covered by the DD Form 214 will be entered in item 12f. The evidence shows the applicant served 11 months and 20 days in Iraq; therefore, item 12f of his
DD Form 214 should be corrected to reflect this service.
2. The applicant's contention that his Iraq service dates in Item 18 of his
DD Form 214 should be corrected to show 30 October 2003 through 2 November 2004 was also carefully considered. However, the evidence is not sufficient to support this claim. The applicant's record is void of orders or documents indicating he began his service in Iraq on 30 October 2003, and the applicant has failed to provide independent evidence to confirm this date.
3. Further, the applicant's DFAS record confirms he began receiving IDP/HFP for his service in Kuwait/Iraq on 15 November 2003. Absent evidence to the contrary, there is an insufficient evidentiary basis to support changing the applicant's current Kuwait/Iraq service dates.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12f of his DD Form 214 by deleting the current entry and adding "0000 11 20."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending the Kuwait/Iraq service dates listed in item 18 of his DD Form 214 to show this service began on 30 October 2003.
_______ _ __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) AR20090020621
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ABCMR Record of Proceedings (cont) AR20090020621
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