IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100011827
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 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 October 2006 to show "Service in Iraq" instead of "Service in Kuwait."
2. The applicant states he attempted to get the error corrected many times but it was never corrected.
3. The applicant provides the DD Form 214 in question, an Air Force (AF) Form 3899 (Aeromedical Evacuation Patient Record), and a DA Form 67-9 (Officer Evaluation Report) for the period 20051015-20060315.
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 entered active duty from a U.S. Army Reserve unit on 7 August 2005 in support of Operation Iraqi Freedom. He served in pay grade WO4. He was released from active duty on 3 October 2006 and returned to his U.S. Army Reserve unit after completing 1 year, 1 month, and 27 days of active duty service.
3. Item 18 of his DD Form 214 contains the entry, "SERVICE IN KUWAIT 20050904-20060304."
4. In the processing of this case a member of the Board's staff contacted the Defense Finance and Accounting Service (DFAS). DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for Kuwait for the period 5 October 2005 to the end of February 2006.
5. The applicant provided a copy of an AF Form 3899 showing he was being transported from Balad, Iraq to Landstuhl Army Medical Center in Germany on 24 February 2006.
6. He also provided a copy of a DA Form 67-9 (Officer Evaluation Report) for the period 15 October 2005 to 15 March 2006. This form indicates his unit was in Iraq during this evaluation period.
7. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides that an active duty Soldier deployed with his or her unit during their continuous period of active duty will have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS records show the applicant received IDP for Kuwait during the period 5 October 2005 to the end of February 2006. HFP/IDP is paid in full months. As such, the dates the applicant received HFP/IDP does not in and of itself establish the exact dates the applicant served in Iraq or Kuwait.
2. The copy of the DA Form 67-9 for the period 15 October 2005 to 15 March 2006 that he provided indicates his unit was in Iraq during the evaluation period. The AF Form 3899 indicates he was transported out of Iraq on 24 February 2006. The preponderance of evidence indicates he served in both Kuwait and Iraq during the period 5 October 2005 to 24 February 2006. As such, it would be appropriate to amend item 18 of his DD Form 214 for this period of active duty to read "SERVICE IN IRAQ/KUWAIT 20051005-20060224."
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 the DD Form 214 in question of the individual concerned be corrected by amending item 18 to read "SERVICE IN IRAQ/KUWAIT 20051005-20060224."
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 replacing "SERVICE IN KUWAIT."
_______ _ 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) AR20100011827
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ABCMR Record of Proceedings (cont) AR20100011827
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