IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100024550 


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:

* The date he left Iraq as 26 July instead of 26 June 2004
* His prior active service

2.  The applicant states his medical record clearly shows he was still in the Middle East in July 2004.  Additionally, his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), DD Form 220 (Active Duty Report), and previous DD Form 214 clearly show he had prior active service.

3.  The applicant provides:

* DA Form 5181 (Screening Note of Acute Medical Care)
* NGB Form 22
* DD Forms 214 for the periods ending 5 August 1997 and 23 September 2005
* DD Form 220

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 records show he enlisted in the Indiana Army National Guard (INARNG) on 3 January 1996.  He entered active duty for training (ADT) on 18 June 1996, he completed basic combat training (BCT), and he was released from ADT on 22 August 1996.  He completed 2 months and 5 days of active service.

3.  He again entered ADT on 10 June 1997, completed advanced individual training (AIT) and he was awarded military occupational specialty 92Y (Unit Supply Specialist).  He was released from ADT on 5 August 1997.  He completed 1 month and 26 days of active service.

4.  He was issued a DD Form 214 that reflected completion of 1 month and 
26 days of active service during this period and 2 months and 5 days of prior active service.  This service equals a total of 4 months and 1 day.

5.  He was honorably discharged from the ARNG on 23 September 2002 to enter another component of the armed forces.  He subsequently enlisted in the Regular Army for a period of 3 years on 24 September 2002.  He served in Germany from on or about 6 October 2002 to 22 September 2005.

6.  He was honorably discharged on 23 September 2005.  The DD Form 214 he was issued shows he completed 3 years of creditable active service.  Additionally, this form shows the following entries:

* Block 12a (Date Entered AD (Active Duty) This Period) - "2002  09  24"
* Block 12b (Separation Date This Period) - "2005  09  23"
* block 12d (Total Prior Active Service) - "0000  04  01"
* block 12f (Foreign Service) - "0002  11  16"
* block 18 (Remarks) - "Service in Iraq 20030504 - 20040627"

7.  He submitted a DA Form 5181, dated 15 July 2004, that shows he was medically screened for ankle pain/foot swelling at Camp Arifjan Troop Medical Clinic on 15 July 2004.  

8.  An email, dated 14 February 2011, from the Defense Finance and Accounting Service confirms the applicant received hazardous fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) for service in Kuwait from 5 May 2003 to 26 July 2004. 

9.  He enlisted in the OHARNG on 26 September 2005 and he extended this enlistment by 6 years on 17 September 2006.

10.  He also submitted a DD Form 220, dated 25 September 2008, that shows he entered active duty on 22 July 2007 and he departed active duty on 2 January 2008, a period of 71 days. 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* Item 12b shows the Soldier’s transition/separation date
* Item 12d shows the total amount of prior active military service less lost time, if any and, if not applicable, enter "0000  00  00"
* Item 12d shows the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially completed 2 months and 5 days of active service during BCT.  He again entered ADT and completed 
1 month and 26 days of active service during AIT.  Upon his release from ADT, he was issued a DD Form 214 that credited him with completing 4 months and
1 day of active service (1 month and 26 days of BCT in the prior active service block and 2 months and 26 days in the net active service this period block).  

2.  The evidence of record also shows he enlisted in the RA on 24 September 2002 and he was honorably discharged on 23 September 2005.  He completed 3 years of active service.  His DD Form 214 for this period credited him with
3 years of active service as well as 4 months and 1 day of prior active service.  These entries are correct as shown.
3.  The 71 days of active service he completed from 22 July 2007 to 2 January 2008 cannot be entered on his DD Form 214 for the period ending on 23 September 2005 since this period of active service occurred after he was discharged from active duty.

4.  The applicant contends he departed Kuwait/Iraq in July 2004 instead of June 2004.  His pay records confirm he received HF/IDP and CZTE for service in Kuwait from 5 May 2003 to 26 July 2004.  Therefore, he is entitled to correction of his DD Form 214 to show the correct dates of combat service in Kuwait/Iraq.  

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 all Department of the Army records of the individual concerned be corrected by deleting from item 18 of his DD Form 214, ending on 23 September 2005, the entry "Served in Kuwait/Iraq from 20030504 - 20040626" and adding "Served in Kuwait/Iraq from 20030504 - 20040726."

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 his prior active service.



      _______ _   _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)                                         AR20100024550



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ABCMR Record of Proceedings (cont)                                         AR20100024550



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