IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110016951
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 foreign service.
2. The applicant states he was deployed on his 18th birthday to Iraq but it is not shown on his DD Form 214.
3. The applicant provides:
* National Personnel Record Center letter, dated 29 July 2011
* DD Form 214
* Self-authored letter, dated 21 July 2011
* Certificate of Achievement (undated)
* A letter to his parents from the 204th Forward Support Battalion, 4th Infantry Division, BaQubah, Iraq, dated 13 December 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 12 May 2003. He completed training as a light wheel vehicle mechanic.
3. After completing 1 year, 10 months, and 6 days of net active service this period he was discharged under honorable condition on 16 March 2005.
4. Neither item 12f (Foreign Service) nor item 18 (Remarks) on the applicants DD Form 214 show he had foreign service.
5. The applicants official military record contains no evidence of him ever deploying to Iraq. His records show he was assigned to B Company, 204th Support Battalion, 4th Infantry division (Mechanized), Fort Hood, Texas.
6. Defense Finance and Accounting Service (DFAS) Master Military Pay Account fails to show that the applicant received hostile fire/imminent danger pay for service in Iraq.
7. The applicant submits a self-authored letter contending he deployed to Iraq on his 18th Birthday and was there until the 4th Infantry Division left to come home in late March or early April. He submits an undated copy of a Task Force 204th Certificate of Achievement for outstanding service while deployed to Iraq in support of Operation Iraqi Freedom. He also submits a copy of a letter from the 204th Forward Support Battalion, 4th Infantry Division, BaQubah, Iraq, notifying his parents of his arrival and assignment to the Engineer Support Element, 204th Forward Support Battalion in central Iraq.
8. Army Regulation 635-5 (Separation Documents), paragraph 2-4 provides instructions for the completion of items that appear on the DD Form 214. Instructions for the completion of Item 12 (Record of Service) and Item 18 (Remarks) are as follow:
a. item 12f from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period); and
b. item 18 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18. Only deployment in an imminent danger/hostile fire zone will be reflected.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting documents have been considered.
2. Although he submits copies of a Certificate of Achievement and a letter from the 204th Forward Support Battalion, notifying his parents of his arrival and assignment, there is no evidence in the available record showing he was ever deployed to Iraq.
3. The evidence of record shows he was at Fort Hood, Texas. The DFAS Master Military Pay Account fails to show that the applicant received hostile fire/imminent danger pay for service in Iraq.
4. Inasmuch as his service in Iraq cannot be substantiated, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20110016951
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ABCMR Record of Proceedings (cont) AR20110016951
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