IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110019589
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) for the period ending 29 May 2009 to show the correct dates of his service in Iraq.
2. The applicant states his DD Form 214 incorrectly shows his service in Iraq as 15 August 2007 through 16 August 2007. The applicant continues that his Enlisted Record Brief (ERB) shows his correct period of service in Iraq as
10 August 2007 through 25 October 2008.
3. He provides a copy of:
* his DD Form 214
* his ERB, prepared on 8 June 2009
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 7 March 2006. He successfully completed training and he was awarded military occupational specialty (MOS) 13F (Fire Support Specialist).
3. Section I - Assignment Information of his ERB shows he deployment dates to Iraq as 10 August 2007 - 25 October 2008.
4. On 29 May 2009, the applicant was honorably released from active duty at the completion of required active service. He completed 3 years, 2 months, and
23 days.
5. Item 18 (Remarks) of the DD Form 214 he was issued at the time contains the entry "Service in Iraq 20070815 - 20070816."
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) during the period 10 August 2007 through 24 October 2008 for Kuwait/Iraq.
7. 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 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)" in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant contends his service in Iraq is incorrect and it should be corrected to show his service in Iraq from 10 August 2007 through 25 October 2008. The applicant's ERB and confirmation from DFAS shows the applicant served in Kuwait/Iraq from 10 August 2007 to 25 October 2008. Therefore, his DD Form 214 should be corrected accordingly.
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 deleting from item 18 of his DD Form 214 the entry "SERVICE IN IRAQ 20070810 - 20070816" and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20070810 - 20081025."
___________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) AR20110019589
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ABCMR Record of Proceedings (cont) AR20110019589
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