IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100018203
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, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployments.
2. He states, in effect, his DD Form 214 does reflect his combat time and all of his awards, but the actual deployments are not listed. He feels this should be corrected because whether retried or not, all service member deserve to have the correct information on their records.
3. He provides:
* Army Commendation Medal and Army Commendation Medal with "V" Device certificates
* DD Form 214
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. His military records show he enlisted in the Regular Army on 9 September 1986.
3. He provided a certificate showing he was awarded the Army Commendation Medal with "V" Device for heroic action during combat on 11 April 2003 while serving in support of Operation Iraqi Freedom by Permanent Orders Number 121-049, dated 2 May 2003.
4. He also provided a certificate showing he was awarded the Army Commendation Medal for exemplary service during combat operations from 19 March 2003 to 1 September 2003 while serving in support of Operation Iraqi Freedom from 11 April 2003 to 11 April 2003 by Permanent Orders Number 166-510, dated 14 June 2003.
5. He served continuously on active duty through several reenlistments until he was honorably discharged in pay grade E-6 on 30 September 2006, for the purpose of retirement.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:
* Meritorious Service Medal
* Army Commendation Medal with "V" Device
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (4th Award)
* U.S. Army/U.S. Air Force Presidential Unit Citation
* Joint Meritorious Unit Award
* Valorous Unit Award
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
6. Item 18 (Remarks) of his DD Form 214 does not contain an entry for any country and dates of deployment.
7. A staff member of the Defense Finance and Accounting Service, IN, verified the applicant served in Kuwait and received hostile fire pay from:
* 12 August 2000 through 31 December 2000 and from 7 March 2003 through 28 February 2004
8. Army Regulation 635-5 (Separation Documents) states for an active duty Soldier deployed with his/her unit during their continuous period of active service, the following statement would also be entered in Item 18, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was deployed to Kuwait from 12 August 2000 through 31 December 2000 and from 7 March 2003 through 28 February 2004 in support of Operation Iraqi Freedom. Therefore, based on his receipt of combat pay, the entry, "SERVICE IN KUWAIT FROM 20000812-20001231 and 20030307-20040228" should be added to Item 18 of his DD Form 214.
2. In view of the foregoing, his records should be corrected as recommended below.
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. amending Item 18 of the applicant's DD Form 214 to show the entry, "SERVICE IN KUWAIT FROM 20000812-20001231 and 20030307-20040228"; and
b. providing him a corrected separation document.
_______ _ _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) AR20100018203
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018203
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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