IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110002398
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 he served in Iraq and Korea.
2. The applicant states, in effect, his DD Form 214 shows some of his overseas medals and ribbons but it does not show his overseas service.
3. The applicant provides 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 enlisted in the Regular Army, for a 4-year term, on 3 August 2000. He completed one station unit training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His Enlisted Record Brief shows he served overseas in the Republic of Korea from 12 April 2001 through 13 May 2002. While in Korea he was assigned to the 1st Battalion (Mechanized), 9th Infantry Regiment, 2nd Infantry Division, based at Camp Hovey.
4. On 22 June 2005, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation. His DD Form 214 shows he was credited with 4 years, 10 months, and 20 days of active service. Item 12f (Foreign Service) contains no service. Item 18 (Remarks) does not contain any named operations or overseas deployments. The highest rank/grade he attained while serving on active duty was specialist/E4.
5. The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for Kuwait from 17 March 2004 through 17 May 2005.
6. His available service record is void of any documentation showing he was deployed in support of either Operation Iraqi Freedom or Operation Enduring Freedom.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service, or control of the Active Army.
a. Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period of service represented in item 12c (Net Active Service This Period).
b. Item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service. 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 YYYYMMDD-YYYYMMDD."
8. His records indicate he is entitled to additional awards which are not shown on his DD Form 214.
9. Permanent Order 190-056, 15th Personnel Services Battalion, Fort Hood, TX, dated 9 July 2003, awarded him the Army Good Conduct Medal (1st Award) for the period 3 August 2000 through 2 August 2003.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in the Republic of Korea from 12 April 2001 through 13 May 2002, and he served in Kuwait/Iraq from 17 March 2004 through 17 March 2005; therefore he is entitled to correction of his
DD Form 214 to show in:
* item 12f, 2 years, 1 month, and 3 days of foreign service
* item 18, Service in Kuwait/Iraq from 20040317 20050517
2. Permanent Orders awarded him the Army Good Conduct Medal (1st Award) for the period 3 August 2000 through 2 August 2003, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* deleting the entry in item 12f of his DD Form 214 and adding "0002-01-03"
* adding the Army Good Conduct Medal (1st Award) to item 13 of his
DD Form 214
* adding "Service in Kuwait/Iraq from 20040317 20050317" to item 18 of his DD Form 214
____________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) AR20100014579
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110002398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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