IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110017090
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 in Iraq from 26 March 2003 through 28 February 2004, and in Afghanistan from 23 February 2005 through 19 February 2006.
2. The applicant states he needs his DD Form 214 corrected to show his foreign service in order to receive the benefits he deserves as a combat veteran.
3. The applicant provides his DD Form 214, Enlisted Record Brief (ERB), two orders, and 17 pages titled "Operation Northern Delay."
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's records show he enlisted in the Regular Army on 24 January 2001 and he held military occupation specialty 11B (Infantryman). He was assigned to Company C, 1st Battalion, 508th Infantry, Vicenza, Italy, on 23 May 2002.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served as follows:
* Iraq, 26 March 2003 - 28 February 2004
* Afghanistan, 23 February 2005 - 19 February 2006
4. He was honorably released from active duty on 31 May 2006 in the rank/grade of sergeant/E-5 and he was transferred to the 266th Ordnance Company, U.S. Army Reserve, Aguadilla, PR. He completed 5 years, 4 months, and 7 days of creditable active service.
5. Item 12f (Foreign Service) of his DD Form 214 shows 4 years and 8 days of foreign service.
6. Item 18 (Remarks) of this form does not show any service in Iraq or Afghanistan.
7. The applicant provides an automated ERB, dated 17 May 2006, wherein it shows the applicant served as follows
* Iraq, 26 March 2003 - 28 February 2004
* Afghanistan, 23 February 2005 - 19 February 2006
8. An email from the Defense Finance and Accounting Service (DFAS), dated 22 February 2012, confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) as follows:
* For service in Kuwait/Iraq, 25 March 2003 - 19 February 2004
* For service in Afghanistan, 25 February 2005 - 19 January 2006
9. 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. It states, for a Soldier deployed to a foreign country during the period covered by the DD Form 214, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates) YYYYMMDD-YYYYMMDD" in item 18 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in both Iraq and Afghanistan which is not reflected on his DD Form 214. An official with DFAS confirmed he received HFP/IDP for service in Kuwait/Iraq from 25 March 2003 to 19 February 2004 and in Afghanistan from 25 February 2005 to 19 January 2006. Although the dates are not consistent with the specific dates noted in his records, it is most likely that the dates he received HFP/IDP are the accurate dates of his service in each country. Therefore, he is entitled to correction of his DD Form 214 to show his service in Iraq and Afghanistan and the dates of his service in each country as confirmed by DFAS.
2. With respect with his request to have his DD Form 214 corrected to show his dates of service in Iraq from 26 March 2003 to 28 February 2004 and in Afghanistan from 23 February 2005 to 19 February 2006, the evidence of record shows he served in Kuwait/Iraq from 25 March 2003 to 19 February 2004 and in Afghanistan from 25 February 2005 to 19 January 2006. Therefore, he is not entitled to full relief.
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 amending his DD Form 214 as follows:
* adding to item 18 the entries "SERVICE IN KUWAIT/IRAQ FROM 20030325-20040219" and "SERVICE IN AFGHANISTAN FROM 20050225-20060119"
2. The Board further determined 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 correcting his DD Form 214 to show he served in Iraq from 26 March 2003 to 28 February 2004 and in Afghanistan from 23 February 2005 to 19 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) AR20110017090
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ABCMR Record of Proceedings (cont) AR20110017090
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