IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100023503
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 24 August 2007 be corrected to show his foreign service.
2. The applicant states his first DD Form 214 with a separation date of 8 August 2005 shows he has 2 years, 4 months, and 10 days of foreign service and shows his participation in Operations Enduring Freedom and Iraqi Freedom.
3. The applicant provides:
* DD Form 214 with a separation date of 8 August 2005
* DD Form 214 with a separation date of 24 August 2007
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. He enlisted in the Regular Army on 9 August 2001 for a period of 4 years. He was released from active duty on 8 August 2005 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 with a separation date of 8 August 2005 contains the following entries:
* item 12c (Net Active Service This Period) - 0004 00 00 (4 years, zero months, and zero days)
* item 12f (Foreign Service) - 0002 04 10 (2 years, 4 months, and 10 days)
* item 18 (Remarks) - Served in Operations Enduring Freedom and Iraqi Freedom (Iraq) from 12 May 2003 thru 14 July 2004
3. On 27 November 2006, he was ordered to report for active duty no later than 14 January 2007 to Fort Jackson, SC for partial mobilization - Operation Iraqi Freedom. The period of active duty was for 545 days unless extended or terminated, but he was to be released from active duty no later than 11 July 2008.
4. He was retained on active duty effective 30 May 2007 to participate in the Reserve Component Medical Holdover Medical Retention Processing Program for completion of medical care and treatment at Fort Benning, GA.
5. A Physical Evaluation Board (PEB), convened on 21 May 2009, determined him to be unfit for duty by reason of post-traumatic stress disorder (PTSD). The PEB recommended a disability percentage rating of 30 percent and that he be temporarily retired due to disability.
6. On 24 August 2007, he was retired and placed on the Temporary Disability Retired List (TDRL). His DD Form 214 with a separation date of 24 August 2007 contains the following entries:
* item 12c - 0000 07 11 (zero years, 7 months, and 11 days)
* item 12f - 0000 00 00 (zero years, zero months, and zero days)
There are no entries in item 18 concerning foreign operations.
7. On 22 June 2009, he was removed from the TDRL and permanently retired with a 30 percent disability rating.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.
a. Foreign service, taken from the ERB/ORB (enlisted record brief/officer record brief) performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.
b. When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 with a separation date of 8 August 2005 shows he completed 4 years of active service and a total of 2 years, 4 months, and 10 days of foreign service. He also participated in Operations Enduring Freedom and Iraqi Freedom.
2. During the period he was ordered to active duty on 14 January 2007 he was not deployed overseas. He received a PEB and was transferred to the TDRL. His DD Form 214 with a separation dated of 24 August 2007 showed he completed 7 months and 11 days of active service.
3. The entry for item 12f of the DD Form 214 is not cumulative. The period of foreign service shown in this item is only for the period of service shown in item 12c of each DD Form 214. Therefore, because he did not deploy during his second period of active duty, the entry in item 18f of his DD Form 214 with a separation date of 24 August 2007 is correct.
4. Because he did not deploy there are no additional entries to be made in
item 18 of his DD Form 214 with a separation date of 24 August 2007.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100023503
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ABCMR Record of Proceedings (cont) AR20100023503
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