BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100012148
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 dates of service in Afghanistan on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 May 2003 be corrected to show he was discharged after his tour in Afghanistan.
2. The applicant states his discharge on his DD Form 214 is prior to the completion of his tour in Afghanistan as shown in item 18 (Remarks) of the
DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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's military personnel records show he enlisted in the Regular Army on 8 January 2002 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Infantryman).
3. The applicant was absent without leave from the 3rd Brigade, 101st Airborne Division at Fort Campbell, KY during the period from 5 February 2003 to
27 March 2003. His commander recommended him for separation prior to the expiration of his enlistment on 22 April 2003. On 28 April 2003, the appropriate authority approved the recommendation for separation.
4. On 5 May 2003, the applicant was discharged by reason of misconduct. He had completed 1 year, 2 months, and 8 days of active service that was characterized as under honorable conditions. Item 18 of his DD Form 214 contains the entry: "SOLDIER HAS SERVICE IN AFGHANISTAN: 030307 - 030827" (2003 March 7 - 2003 August 27).
5. An email from the Defense Finance and Accounting Service (DFAS), dated
2 September 2010, states the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 7 June 2002 through
8 August 2002 (20020607 - 20020808) for Afghanistan.
6. Army Regulation 635-5 (Separation Documents) also provides that 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. The applicant contends the dates of his deployment to Afghanistan indicated on his DD Form 214 are incorrect.
2. The applicant was AWOL from 5 February 2003 to 27 March 2003. He was being processed for discharge from 22 April 2003 until the date of his discharge on 5 May 2003. Therefore, the dates of his deployment to Afghanistan currently shown on his DD Form 214 are clearly in error.
3. The email from DFAS shows he received HF/IDP and CZTE from 20020607 through 20020808 for Afghanistan. Therefore, it is appropriate to enter these dates in item 18 of his DD Form 214 showing his deployment from 20020607 through 20020808.
BOARD VOTE:
___x_____ __x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 changing item 18 of his DD Form 214 with a separation date of 5 May 2003 as follows:
* delete: SOLDIER HAS SERVICE IN AFGHANISTAN: 030307 - 030827
* add: SERVICE IN AFGHANISTAN: 20020607 - 20020808
_______ _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) AR20100012148
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ABCMR Record of Proceedings (cont) AR20100012148
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