IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110015422
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Afghanistan and to show a change of mailing address in item 19a (Mailing Address After Separation).
2. The applicant states, in effect, his deployment to Afghanistan was omitted from his DD Form 214 and his address after separation should be changed to the same address as shown in item 19b (Nearest Relative) of his DD Form 214.
3. He provides:
* his DD Form 214
* two deployment orders
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 3 February 2005.
3. Orders 013-1110, issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sam Houston, TX, dated
13 January 2010, shows he was ordered to deploy to Afghanistan in support of Operation Enduring Freedom (OEF), effective 8 February 2010.
4. Orders A-04-010334, issued by the Landstuhl Regional Medical Center, Germany, dated 3 April 2010, shows he was medically evacuated to Brooke Army Medical Center, Fort Sam Houston, TX for the period 3-12 April 2010.
5. He served until he was honorably discharged on 26 May 2011 by reason of disability with severance pay, non-combat. The DD Form 214 he was issued shows in:
* item 12f (Foreign Service) he completed 1 year, 5 months, and 11 days of foreign service
* item 18 (Remarks) he served in Iraq from 16 September 2007 to 8 December 2008
* item 19a an address in San Antonio, TX
* item 19b an address in Beaverton, MI
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat-zone tax exclusion (CZTE) for service in Kuwait/Afghanistan from 16 February to 30 April 2010.
7. Section IX (Assignment Information) of his Enlisted Record Brief, dated
21 March 2011, shows he was assigned to the 201st Military Intelligence Battalion (Rear Detachment), Fort Sam Houston, effective 5 April 2010.
8. 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 for:
a. item 18, for an active duty Soldier deployed to a foreign country 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)."
b. item 19a, will be provided by the Soldier; this address must be a permanent address. The permanent address served as a basis for contacting a Soldier within a short time after separation in the event the need arose. It was not intended to be changed or updated each time the Soldier or family member relocated following a Soldiers separation.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in Afghanistan during the period 16 February 2010 through 2 April 2010. Therefore, he is entitled to correction of item 18 of his DD Form 214 to show this period of deployment.
2. It is presumed the address information for item 19a of his DD Form 214 was provided by the applicant and accurate at the time the document was prepared. The fact that he now wants to change the address in item 19a is not sufficiently mitigating to show it was erroneous at the time his DD Form 214 was completed. Therefore, there is no basis for granting this portion of his request.
BOARD VOTE:
________ _______ _________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
_______ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20100216 - 20100402."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the current address in item 19a of his DD Form 214.
_____________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) AR20110015422
2
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