BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004116 


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), ending on 9 March 2007, as follows:

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show SGT (sergeant) and E-5
* Item 14 (Military Education) to show the entry, Sniper, 5 weeks
* Item 18 (Remarks) to show his first deployment

2.  He states Item 4b of his DD Form 214 shows E-4 and he was an E-5 as of 1 January 2007.  Also, Item 14 shows he completed 1 week of the Sniper Course and it should state 5 weeks.  Further, Item 18 does not list his first deployment.  The documents couldn’t be located at time of his expiration of term of service.  These corrections are important for future employment in law enforcement and government jobs.

3.  He provides:

* 2005 Sniper Course Diploma
* 2007 promotion orders for pay grade E-5
* 2007 Statement of Service

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 military record shows he enlisted in the Regular Army on 15 July 2003.  He completed training and he was awarded military occupational specialty 19D (Cavalry Scout).

3.  A Sniper Course Diploma shows he successfully completed the course at Fort Benning, GA, on 8 September 2005.

4.  Orders 052-21 issued by the 502nd Personnel Services Battalion, 4th Infantry Division, Fort Hood, TX, on 21 February 2007, promoted him to SGT with an effective date and date of rank of 1 January 2007.  The authority cited for the promotion was Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 3-34 and AHRC-MSP-E, dated 15 December 2006, SUBJECT: DA Promotion Point Cut-Off scores for 1 January 2007 and Junior Enlisted Issues.

5.  A Memorandum For Record, Subject:  Statement of Service, dated 28 February 2007, states he served in Operation Iraqi Freedom (OIF) from 25 December 2003 through 19 March 2004, a period of 2 months and 24 days.

6.  He was honorably released from active duty on 9 March 2007 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 3 years, 7 months, and 25 days of net active service and no time lost.

7.  Item 4a of his DD Form 214 shows the rank of CPL (corporal).  Item 4b show his pay grade as E-4.  Item 12f (Foreign Service) shows he was credited with 1 year, 2 months, and 15 days of service.  Item 12h (Effective Date of Pay Grade) shows his date of rank as 1 February 2005.  

8.  Item 14 (Military Education) of his DD Form 214 shows he completed the:

* Sniper, 1 week, 2005

9.  Item 18 of his DD Form 214 shows he served in a designated imminent danger pay area with service in Iraq from 13 December 2005 through 2 December 2006, a period of 11 months and 20 days.

10.  A review of the U.S. Army Infantry School, Fort Benning, website specifies the course length for the Sniper Course is 5 weeks.

11.  On 26 May and 29 August 2011, a staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 21 December 2003 through 17 March 2004 and 13 December 2005 through 29 November 2006.

12.  Army Regulation 600-8-19 prescribes the policies and procedures for the promotion and reduction of enlisted Soldiers.  Paragraph 3-17 specifies that for promotion to SGT, pay grade E-5, requires the completion of 46 months time in service (eligible for promotion in 48 months) and 10 months time in grade.  Paragraph 3-34 specifies the rules for preparing promotion packets for transfer at permanent change of station (out-processing) rules.  

13.  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 establishes standardized policy for the preparation of the DD Form 214.  The regulation states:

   a.  Items 4a and 4b and 12h will list the rank, pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was serving on the effective date of separation; 

	b.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

   c.  Item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214, the number of weeks attended, and the month and year completed.  

	d.  Item 18, for an active duty Soldier deployed with his/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.  Permanent orders confirm the applicant was promoted to SGT/E-5 with an effective date and date of rank of 1 January 2007.  Therefore, he is entitled to correction of his DD Form 214 ending on 9 March 2007 to show he was promoted to SGT prior to his release from active duty.

2.  The evidence of record also confirms the duration of the Sniper Course held at Fort Benning is 5 weeks.  Therefore, he is also entitled for correction to Item 14 of his DD Form 214 to show the entry, “Sniper, 5 weeks, 2005.”

3.  The evidence of record further shows he was deployed in support of OIF in Iraq/Kuwait from 21 December 2003 through 17 March 2004 and 13 December 2005 through 2 December 2006, a total of 1 year, 2 months, and 15 days of foreign service, as shown in Item 12f of his DD Form 214.  Item 18 of his DD Form 214 show the entry, "Service in Iraq from 20051213-20061202 (13 December 2005 through 2 December 2006).  Therefore, Item 18 of his DD Form 214 should be corrected to show the entry, "Service in Kuwait/Iraq from 20031221 - 20040317 (21 December 2003 through 17 March 2004) and from 20051213 - 20061202 (13 December 2005 through 2 December 2006).” 

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: 

	a.  deleting from Item 4a of the applicant’s DD Form 214 the entry "CPL” and replacing it with the entry "SGT";

	b.  deleting from Item 4b of his DD Form 214 the entry "E04" and replacing it with the entry "E-5"; 

	c.  deleting from Item 12n of his DD Form 214 the entry "2005  02  01" and replacing it with the entry "2007  01  01;"

	d.  deleting from Item 14 of his DD Form 214 the entry "Sniper, 1 week, 2005” and replacing it with the entry “Sniper, 5 weeks, 2005;” and

	e.  deleting from Item 18 of his DD Form 214 the entry "Service in Iraq 20051213-20061202" and replacing it with "Service in Kuwait/Iraq from 20031221 - 20040317 and from 20051213 - 20061202.”



      _______ _ 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)                                         AR20110004116



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ABCMR Record of Proceedings (cont)                                         AR20110004116



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