IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100021506
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Kuwait and Iraq.
2. The applicant states that he served in both Kuwait and Iraq and he desires his DD Form 214 to reflect both countries.
3. The applicant provides copies of:
* orders deploying him to Kuwait
* a DA Form 4856 (Developmental Counseling Form) indicating that he was in Camp Dogwood, Iraq, in December 2003
* a memorandum for record directing a rehabilitative transfer of the applicant from one artillery battery to another artillery battery at Logistic Support Area Bushmaster, Iraq
* a travel voucher showing he was transferred from Germany to Kuwait/Iraq and back to Germany
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 (RA) on 8 July 2002. He was trained in, awarded, and served in military occupational specialty 92G (Food Service Specialist).
3. On 26 January 2004 while stationed in Germany, he was discharged under honorable conditions. His DD Form 214 issued at the time of his discharge shows no indication of a deployment to Iraq or Kuwait.
4. In a previous related case, the applicant applied to the Board requesting that his deployment to Iraq be reflected on his DD Form 214. The Board found evidence to show that he deployed to Kuwait in support of Operation Enduring Freedom from 10 March 2003 through 20 January 2004, but found no evidence reflecting his service in Iraq. Accordingly, the Board directed that his records be corrected to reflect his service in Kuwait from 10 March 2003 through 20 January 2004 and denied his request to add service in Iraq to his records.
5. The documents provided by the applicant show that the applicant deployed to Kuwait and subsequently served in Iraq.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant provided sufficient evidence to show that he served in Kuwait and Iraq during the period of his deployment.
2. Accordingly, his records should be corrected to show his service in Kuwait/
Iraq from 10 March 2003 through 20 January 2004.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* deleting the entry "SERVICE IN KUWAIT FROM 20030310-20040120"
* adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030310-20040120"
_____________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) AR20100021506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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