IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100027136
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 his service in Iraq.
2. The applicant states he served in Iraq from 9 April 2003 to 5 August 2004 but that this service is shown on his DD Form 214 as having been in Afghanistan.
3. The applicant provides copies of his DD Form 214 and DD Form 2796 (Post-Deployment Health Assessment) dated 9 August 2004.
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. On 10 January 2002, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 45B (Small Arms/Artillery Repairer).
3. Records at the Defense Finance and Accounting Service (DFAS) show that the applicant received hazardous fire and imminent danger pay from 9 May 2003 through 31 August 2004 for service in Kuwait.
4. The DD Form 2796 provided by the applicant indicates that he arrived on
5 August 2003 to Camp Arifjan, located in Kuwait and that this was where he was mainly deployed. The form does not indicate he served in Iraq or in Afghanistan.
5. On 18 July 2006, the applicant was discharged from active duty due to physical disability with severance pay. He had attained the rank of specialist, pay grade E-4, and had completed 4 years, 6 months, and 9 days of creditable active duty service.
6. The applicant's DD Form 214 shows in:
a. Item 12f (Foreign Service): 1 year, 3 months, and 27 days; and
b. Item 18 (Remarks): the entry, "SERVICE IN AFGHANISTAN 20030409-20040805."
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) (show inclusive dates as YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that his deployment was to Iraq, not Afghanistan, from 9 April 2003 to 5 August 2004.
2. The available evidence indicates that the applicant was deployed to Kuwait during the period in question. There is no credible documentary evidence to support the entry on his DD Form 214 showing he served in Afghanistan during the period in question. However, there also is no available documentary evidence showing that the applicant served in Iraq during any part of the period in question. Therefore, his request to show his deployment was to Iraq should be denied.
3. However, based on the applicant's Post-Deployment Health Assessment dated 9 August 2004, DFAS records, and his assertion that he did NOT serve in Afghanistan, it would be appropriate to correct his DD Form 214 to show he was deployed to Kuwait, vice Afghanistan, during the period from 9 April 2003 to
5 August 2004.
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:
a. deleting from Item 18 of his DD Form 214: "SERVICE IN AFGHANISTAN 20030409 - 20040805;" and
b. adding to Item 18 of his DD Form 214: "SERVICE IN KUWAIT 20030409 - 20040805."
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 showing the applicant's deployment was to Iraq during the period in question.
_______ _ __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) AR20100027136
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100027136
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140017604
Application for correction of military records (with supporting documents provided, if any). Therefore, item 18 of his DD Form 214 should be corrected to show his service in Kuwait/Iraq from 3 April 2003 to 11 March 2004 and 12 December 2005 to 29 November 2006. His DD Form 214 shows he served in Afghanistan from 14 December 2005 to 13 December 2006.
ARMY | BCMR | CY2013 | 20130006756
Application for correction of military records (with supporting documents provided, if any). The applicant provides copies of: * DD Form 214 * Certificate for award of the Army Commendation Medal (ARCOM) * Certificate for award of the Army Achievement Medal (AAM) CONSIDERATION OF EVIDENCE: 1. Therefore, his DD Form 214, ending on 7 March 2005, should show in: a.
ARMY | BCMR | CY2012 | 20120013598
Application for correction of military records (with supporting documents provided, if any). However, there is sufficient evidence to support correcting his records to show he served in Pakistan from 31 January-6 August 2002. As such, he is entitled to have the Iraq Campaign Medal with two bronze service stars added to his DD Form 214. c. Based on the recommended corrections in paragraphs 1 and 2 above showing he served 6 months and 7 days in Pakistan in support of OEF and 5 months and 5...
ARMY | BCMR | CY2009 | 20090011491
Application for correction of military records (with supporting documents provided, if any). The applicant is entitled to correction of his DD Form 214 to show his deployment to Iraq during the period 20 March 2003 through 7 June 2003 for a total of 2 months and 19 days of foreign service. Therefore, the applicant is entitled to correction of his record to show this service medal.
ARMY | BCMR | CY2014 | 20140013882
The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and the awards he is entitled to for his service in Iraq. His record is void of any evidence that shows he served in Iraq. Army Regulation 600-8-22 (Military Awards) states: a.
ARMY | BCMR | CY2009 | AR20090003386
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he had 2 years, 3 months, and 30 days of foreign service. This deployment period from 9 January 2004 to 20 February 2005 equals 1 year, 1 month, and 11 days of foreign service. Therefore, item 12f of his DD Form 214 should be corrected accordingly.
ARMY | BCMR | CY2008 | 20080010875
A Memorandum for Record, Subject: Statement of Wartime Service, dated 31 October 2007, shows the applicant was deployed to Iraq during Operation Iraqi Freedom from 21 October 2007 to 6 January 2008. His DD Form 214 shows the National Defense Service Medal and the Army Service Ribbon as authorized awards. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.
ARMY | BCMR | CY2015 | 20150001380
The applicant states his DD Form 214 does not show his foreign service in Iraq nor all of his authorized awards. A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Army Good Conduct Medal (AGCM). c. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 4 May 2000 through 3 May 2003.
ARMY | BCMR | CY2013 | 20130007415
Application for correction of military records (with supporting documents provided, if any). This period of service qualifies her for award of the Global War on Terrorism Expeditionary Medal and correction of her DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 12f of her DD Form 214 the entry "0000-00-00" and adding the entry "0000-11-23" * awarding her the Army Good...
ARMY | BCMR | CY2014 | 20140003360
The applicant submits a new request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Kuwait/Iraq from 18 March to 1 August 2003. The applicant provides: * DD Form 2796 (Post-Deployment Health Assessment), dated 29 July 2003 * a memorandum for record (MFR), dated 5 November 2003, from the 61st Area Support Medical Battalion * DD Form 1610 (Request and Authorization for TDY (temporary duty) Travel of DOD (Department of Defense)...