IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100027074
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) for the period ending 29 August 2003 to show he served in Kuwait and Iraq.
2. He states, in effect, that he was deployed in support of Operation Iraqi Freedom from 1 April through 14 December 2005 and his DD Form 214 should be corrected to show this service.
3. He provides:
* a DD Form 214 for the period ending 29 August 2003
* U.S. Army Human Resources Command (USAHRC) Orders A-02-503936
* U.S. Army Air Defense Artillery Center and Fort Bliss (USAADACFB) Orders 090-58
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. The applicant enlisted in the U.S. Army Reserve (USAR) on 20 April 1988 with prior active service.
3. The applicant's 28 August 2003 DD Form 214, item 18 (Remarks), show he was ordered to active duty in support of Operations Noble Eagle and Enduring Freedom during the period 27 January 2003 through 29 August 2003. Item 23 This DD Form 214 shows he was honorably released from active duty and returned to the USAR on 29 August 2003.
4. USAHRC Orders A-02-503936, dated 10 February 2005, show he was ordered to active duty in support of Operation Iraqi Freedom for the period 1 April
2005 through 14 December 2005.
5. USAADACFB Orders 090-58, dated 31 March 2005, show he was ordered to active duty in support of Operation Iraqi Freedom for the period 1 April
2005 through 14 December 2005
6. His Official Military Personnel File (OMPF) contains a DA Form 2166-8 (Nonommissioned Officer Evaluation Report) for the period April 2005 through November 2005. The report indicates he performed duties as the Theater Senior Food Operations Sergeant for the Coalition Forces Land Component Command (CFLCC) in Kuwait and Iraq. No DD Form 214 is available for this period of service.
7. USAHRC Orders 07-219-00014, dated 2 August 2007, shows he had sufficient service for retirement, he was released, and assigned to the Retired Reserve effective 22 August 2007.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states,
in pertinent part, that the regulation is applicable to members of the active duty Army, the Army National Guard, and the USAR on 90 days or more of active duty, active duty for training, or full-time training duty. The DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 for the period ending 29 August 2003 should be corrected to show he served in Kuwait and Iraq for the period
1 April 2005 through 14 December 2005. However, the DD Form 214 is only meant to be a synopsis of the Soldiers most recent period of continuous active duty. His active service from 1 April through 14 December 2005 was performed well outside the period covered by this DD Form 214.
2. The available evidence shows he was ordered to active duty and he served in Kuwait and Iraq during the period 1 April through 14 December 2005. In accordance with Army Regulation 635-5 a USAR Soldier serving 90 days or more in an active duty status will be issued a DD Form 214. However, the
DD Form 214 for this period of service is not in the available record and the applicant did not provide a DD Form 214 this period of service. If the applicant can provide a copy of the DD Form 214 for this period of service the Board would be able to act on his request. In view of the foregoing, there is no basis for granting his request at this time.
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) AR20100027074
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ABCMR Record of Proceedings (cont) AR20100027074
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