IN THE CASE OF:
BOARD DATE: 8 June 2010
DOCKET NUMBER: AR20090020913
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 item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Iraq from 15 March 2003 to 12 March 2004.
2. The applicant states that Block 12f should have information regarding his tour of duty in Iraq as recorded in Block 18 (Remarks). He states the first thing someone looks at is foreign service and there is nothing in Block 12f.
3. The applicant provides a copy of his DD Form 214 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 on 11 August 2008 for a period of
4 years.
3. Item 18 on his DD Form 214 shows he served in Iraq from 15 March 2003 through 12 March 2004. This is a period of 11 months and 27 days of foreign service.
4. The applicant was released from active duty on 10 August 2004. Item 12f on his DD Form 214 does not show any foreign service.
5. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. This regulation directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that Block 12f on his DD Form 214 should be corrected to show his tour of duty in Iraq was considered. The available evidence is sufficient to grant relief.
2. Item 18 on the applicants DD Form 214 shows he completed a tour in Iraq from 15 March 2003 through 12 March 2004, which is a period of 11 months and 27 days of foreign service. However, this foreign service is not recorded in item 12f.
3. Therefore, it would be appropriate to amend item 12f on his DD Form 214 to show the entry 0000 11 27.
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 amending item 12f on his DD Form 214 to show the entry 0000 11 27.
_______ _ 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) AR20090020913
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ABCMR Record of Proceedings (cont) AR20090020913
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