BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100010687
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 show his foreign service in Kuwait.
2. The applicant states he deployed to Kuwait with his unit on Easter Sunday 2003.
3. The applicant provides a copy of Orders M-039-0102, issued by the 420th Engineer Brigade, Bryan, TX, dated 8 February 2003.
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 records show he enlisted in the U.S. Army Reserve (USAR) on 19 January 1988. He subsequently entered active duty for training, completed the training requirements, and he was awarded military occupational specialty 12B (Combat Engineer). He was assigned to the 489th Engineer Battalion, Little Rock, AR.
3. Orders M-39-0102, dated 8 February 2003, ordered the applicant to active duty for the purpose of mobilization for Operation Enduring Freedom for 365 days, with a reporting date of 10 February 2003. He reported to active duty as ordered.
4. The applicant was subsequently honorably discharged from active duty on
21 July 2003 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 6-3a, by reason of hardship. The DD Form 214 he was issued shows he completed a total of 5 months and
12 days of net active service during this period. Item 12f (Foreign Service), of his DD Form 214 shows the entry 0000 00 00.
5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service during this period. By email, dated 5 August 2010, a DFAS representative verified that the applicant served on active duty from 10 February 2003 to 21 July 2003 and that he received hostile fire/imminent danger pay (HF/IDP) for service in Kuwait from
20 April 2003 to 9 May 2003.
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, enter the total amount of foreign service completed during the period covered by the DA form 214
* item 18 (remarks), for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:
* Ordered to active duty in support of (operation name) per 10 USC [Title 10, U.S. Code] (applicable section)
* Service in (name of country deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)
* Soldier completed period for which ordered to active duty for purpose of post-service benefits and entitlements
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his foreign service was carefully considered. There is sufficient evidence to grant relief.
2. The evidence of record shows he served in Kuwait from 20 April 2003 through 9 May 2003. Therefore, he is entitled to correction of his DD Form 214 to show his foreign service and the dates of service in Kuwait.
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 item 12f of his DD Form 214 the entry 0000 00 00 and replacing it with the entry 0000 00 20 and
b. adding to item 18 of his DD Form 214 the entries:
* Ordered to active duty in support of Operation Enduring Freedom per 10 USC 12302
* Service in Kuwait from 20030420 20030509
* Soldier completed period for which ordered to active duty for purpose of post-service benefits and entitlements
_________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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