IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013052
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 to Item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 19 November 2004, to reflect his service in Afghanistan.
2. He states that his DD Form 214 contains a clerical error.
3. He provides a copy of 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 applicants military record shows he enlisted in the Regular Army on 23 January 2001. He completed training and was awarded military occupational specialty 25U (Signal Support Systems Specialist).
3. He was honorably discharged, in pay grade E-4, 19 November 2004. He was credited with completion of 3 years, 9 months, and 27 days of net active service.
4. Item 12f of his DD Form 214 shows zero credit for foreign service. Item 18 (Remarks) of this form does not list his service in Afghanistan.
5. A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Afghanistan from 29 November 2002 through 20 August 2003, a period of 8 months and 23 days.
6. 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. It states that for:
* Item 12 (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows the applicant was deployed in Afghanistan from 29 November 2002 through 20 August 2003, a period of 8 months and 23 days.
2. Therefore, Item 12f of his DD Form 214 for the period ending on 19 November 2004 should be corrected to show he served 8 months and 23 days of foreign service. Item 18 of his DD Form 214 should also be corrected to show the entry, "Service in Afghanistan 20021129 20030820.
3. In view of the foregoing, his records should be corrected as recommended below.
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 the applicant's DD Form 214 the entry
"0000 00 00" and replacing it with the entry "0000 08 23"; and
b. adding to Item 18 of his DD Form 214 the entry SERVICE IN AFGHANISTAN FROM 20021129-20030820.
_______ _ _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) AR20110013052
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ABCMR Record of Proceedings (cont) AR20110013052
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