IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006422
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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* item 12f of his DD Form 214 does not show any foreign service
* item 18 (Remarks) of his DD Form 214 shows he served in Kuwait and Iraq
* he needs his DD Form 214 corrected to show his foreign service for a war bonus application
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 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 enlisted in the Regular Army on 25 July 2001. He completed his training and was awarded military occupational specialty 25Q (multichannel transmission systems operator). He was released from active duty on 24 July 2005.
3. Item 12f of his DD Form 214 shows the entry "0000 00 00." Item 18 of his DD Form 214 shows he served in Kuwait/Iraq from 14 January 2004 to
14 January 2005 (a total of 1 year and 1 day).
4. Army Regulation 635-5 (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 that for item 12f to enter the total amount of foreign service completed during the period covered by the DD Form 214
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his foreign service.
2. The evidence shows he served in Kuwait/Iraq from 14 January 2004 to 14 January 2005. Therefore, the entry in item 18 of his DD Form 214 which shows he served 1 year and 1 day in Kuwait/Iraq is accepted as sufficient evidence with which to amend item 12f of his DD Form 214.
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 replacing it with the entry "0001 00 01."
__________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) AR20110006422
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ABCMR Record of Proceedings (cont) AR20110006422
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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