IN THE CASE OF:
BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110012334
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 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 12 March 2004 through 9 August 2004.
2. The applicant states the record is unjust for filing for an increase in his service-connected disability compensation.
3. The applicant provides:
* Orders 215-01 for unit deployment
* Orders 089-0204 for retirement
* March, April, and August 2004 leave and earnings statements (LES)
* deployment verification memorandum
* patient movement request and evacuation records
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. Having prior enlisted service, the applicant was appointed as a warrant officer and executed an oath of office on 1 February 1985. He served in a variety of stateside and/or overseas assignments and he attained the rank of chief warrant officer five (CW5).
3. He provides the following documentation.
a. Orders 215-01 issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, dated 2 August 2004, ordered his unit deployment to the U.S. Central Command (CENTCOM) area of responsibility for a period of 365 days.
b. A memorandum, from the Rear Detachment Commander, Headquarters and Headquarters Company, 27th Main Support Battalion, Division Support Command, 1st Cavalry Division, Fort Hood, dated 16 August 2004, confirms his service in Iraq from 12 March to 9 August 2004.
c. Multiple LES's from March to August 2004 show he received hostile fire pay/imminent danger pay (HFP/IDP) from March through August 2004.
d. A patient movement request together with evacuation records show he was medically evacuated from Iraq on or about 5 August 2004.
4. He retired on 28 February 2006 and he was placed on the Retired List in the rank of CW5 on 1 March 2006. His DD Form 214 shows in:
* item 12f (Foreign Service), the entry "0004 00 21"
* item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Iraq Campaign Medal
* item 18, the entry "SERVICE IN IRAQ 19900812-19910401"
5. An email message from the Defense Finance and Accounting Service, Indianapolis, IN, dated 3 August 2011, confirms he received HFP/IDP for service in Kuwait from 13 March to 9 August 2004.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant appears to have arrived in Kuwait/Iraq on or about 12 March 2004 and he was medically evacuated on or about 9 August 2004. He was awarded the Iraq Campaign Medal and he received HFP/IDP for service in Kuwait/Iraq from 13 March to 9 August 2004. These dates are consistent with the memorandum provided by his rear detachment commander who confirmed the applicant's service in Iraq from 12 March to 9 August 2004. Therefore, there is sufficient evidence to show he served in Kuwait/Iraq and is entitled to correction of his DD Form 214 to show this period of service.
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 adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20040312-20040809" to item 18 of his DD Form 214 for the period ending 28 February 2006.
____________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) AR20110012334
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ABCMR Record of Proceedings (cont) AR20110012334
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