IN THE CASE OF:
BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100008565
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, that item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 2004 be corrected to show his foreign service in Afghanistan.
2. The applicant states, in effect, that item 18 (Remarks) of his DD Form 214 shows he served in Afghanistan.
3. The applicant provides copies of his 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 applicant's 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 applicant's 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 31 August 2001. He served until he was honorably released from active duty on 30 August 2004 by reason of completion of required active service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
3. The applicant submitted a DD Form 214 which shows he has "0000 years, 00 months, and 00 days" of foreign service in item 12f.
4. Item 18 of his DD Form 214 shows he served in Afghanistan from 5 July 2003 to 27 December 2003.
5. During the processing of this case, a staff member of the Board requested that the Defense Finance and Accounting Service (DFAS) verify the applicant's deployment dates. The DFAS response shows the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for the following tours in Afghanistan:
* 20020305-20020405 for 30 days
* 20030705-20031227 for 5 months and 22 days
6. 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 item 12f, from enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Item 18 of the applicant's DD Form 214 shows he served in Afghanistan from 5 July 2003 to 27 December 2003.
2. The DFAS response shows the applicant received HFP/IDP and CZTE for two tours in Afghanistan from 20020305-20020405 for a period of 30 days and from 20030705-20031227 for a period of 5 months and 22 days. Therefore, item 12f of his DD Form 214 should be corrected to show his total foreign service as "0000 years, 6 months, and 22 days" and item 18 should be corrected to add a second tour in Afghanistan from 20020305-20020405.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ 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 the entry "0000 00 00" from item 12f of the applicant's DD Form 214 and replacing it with the entry "0000 06 22" and
b. adding "20020305-20020405" to his service in Afghanistan in item 18 of his 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) AR20100008565
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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