BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005736
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 deployed overseas service.
2. The applicant states he was deployed during the period 14 January to 7 July 2003 during Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).
3. The applicant provides:
* his DD Form 214
* a Service Member Deployment History Outprocessing Verification printout
* Orders 013-04, issued by Headquarters, 13th Corps Support Command, Fort Hood, TX, dated 13 January 2003
* an extract of Headquarters Service Company (HSC) and A Company,
62nd Engineer (EN) Battalion (BN) Returned Personnel listing as of
13 August 2003
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 on 2 September 1999. He was trained in and awarded military occupational specialty 62E (heavy construction equipment operator).
3. Orders 013-04, dated 13 January 2003, show his unit received temporary change of station orders to Kuwait effective on or about 14 January 2003.
4. A Service Member Deployment History Outprocessing Verification printout, dated 6 November 2003, shows the applicant was present for duty in a named war operation during the period 14 January to 7 July 2003.
5. An HSC and Company A, 62d EN BN, Returned Personnel listing provided by the applicant shows he deployed to Kuwait on 14 January 2003 and returned from deployment on 7 July 2003.
6. He was released from active duty on 20 December 2003 after completion of required active service. He completed 4 years, 3 months, and 19 days of creditable active service this period.
7. Item 12f (Foreign Service) of his DD Form 214 shows no foreign service. Item 18 (Remarks) does not show his deployed service.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It states for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. item 18, 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
Permanent Orders 013-04, a Service Member Deployment History Outprocessing Verification printout, and a Returned Personnel listing provided by the applicant show he deployed to Kuwait during the period 14 January to 7 July 2003. Therefore, his DD Form 214 should be corrected by showing he completed 5 months and 24 days of foreign service and that he served in Kuwait from 14 January through 7 July 2003.
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 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 05 24" and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030114 - 20030707."
_________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) AR20110005736
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005736
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090013484
The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service for the periods of January 2004 to February 2005 and February 2008 to February 2009. As such, since the preponderance of evidence indicates he served in Kuwait/Iraq during the period 6 January 2004 to 1 February 2005, it would be appropriate to correct item 12 of his DD Form 214 for the period ending 4 May 2005 to show 1 year and 26 days of foreign...
ARMY | BCMR | CY2008 | 20080015644
IN THE CASE OF: BOARD DATE: 6 January 2009 DOCKET NUMBER: AR20080015644 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Kuwait.
ARMY | BCMR | CY2014 | 20140017420
The applicant's records show two awards which do not appear on his DD Form 214, the Army Commendation Medal and the Army Achievement Medal. He appears to be eligible for the award of the Army Good Conduct Medal and this award should be added to his DD Form 214. c. In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), DD Form 214, add: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * Iraq Campaign Medal with two bronze...
ARMY | BCMR | CY2012 | 20120011216
Application for correction of military records (with supporting documents provided, if any). He submitted a copy of Orders 224-01, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, ordering the 307th Engineer Battalion on a deployment/temporary change of station to the Central Command Area of Responsibility in support of Operation Iraqi Freedom (OIF), effective on or about 1 September 2003. He should be entitled to two bronze service stars to be worn with the Iraq Campaign...
ARMY | BCMR | CY2011 | 20110022595
The applicant requests correction of item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 January 2005 to show his total foreign service in Iraq. He served qualifying periods of service for award of the Iraq Campaign Medal from 10 March 2003 to 14 February 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct...
ARMY | BCMR | CY2010 | 20100023486
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Iraq. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. Item 18, 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 (inclusive dates...
ARMY | BCMR | CY2009 | 20090006677
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. The evidence of record further confirms that based on the applicant's service in Iraq during the period 24 July 2004 through 24 July 2005, he is entitled to 1 bronze service star with his Iraq Campaign Medal.
ARMY | BCMR | CY2009 | 20090020993
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his service in Iraq and awards of the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Driver Badge (Wheel Vehicle), and Mechanic Badge (Track Vehicle). A copy of a certificate, dated 1 May 2003, awarding him the Army Commendation Medal for meritorious service in Iraq...
ARMY | BCMR | CY2009 | 20090020778
The applicant provides his DD Form 214; a Service Member Deployment History - Outprocessing Verification; two deployment orders, dated 29 January 200 and 28 July 2003; and his DD Form 4 (Enlistment/Reenlistment Document), dated 29 August 2003 in support of his application. Therefore, it would be appropriate to amend item 18 of his DD Form 214 to show his period of deployment in Afghanistan from 20030731 to 20030904. Therefore, his DD Form 214 should be corrected accordingly.
ARMY | BCMR | CY2011 | 20110024800
The applicant requests: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait/Iraq and the awards associated with this service * information on where he can get replacement awards 2. The DD Form 214 he was issued at the time shows in: * item 12f (Foreign Service) the entry "0000 00 00" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Global War...