IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110019627
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 he served in Kuwait.
2. The applicant states he served in Kuwait from 19 February to 30 September 2007, which was an imminent danger pay (IDP) area; however, this service is not annotated in item 18 (Remarks) of his DD Form 214.
3. The applicant provides:
* Orders Number A-05-611828, dated 16 May 2006
* Orders Number A-05-611828A01, dated 30 May 2006
* Orders Number 06-356-00019, dated 22 December 2006
* DD Form 214
* Letter from the Defense Finance and Accounting Service (DFAS), dated 18 August 2011
* Leave and Earnings Statement (LES) Information Sheets
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. After having had prior enlisted service, the applicant enlisted in the U.S. Army Reserve (USAR) on 6 April 2005 and held military occupational specialty 46Z (Public Affairs Chief). He served on various mobilizations to include Kuwait. He currently holds the rank/grade of sergeant first class/E-7.
3. He was ordered to active duty in support of Operation Iraqi Freedom on
22 May 2006.
4. His records contain a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the rating period 22 May 2007 through 1 September 2007, which shows he was assigned as the Senior Public Affairs NCO for Headquarters, Third Army, U.S. Army Central (USARCENT), Kuwait.
5. He was honorably released from active duty on 29 January 2010. His
DD Form 214 shows he completed 3 years, 8 months, and 8 days of net active service. Additionally:
* item 12f (Foreign Service) does not list any foreign service
* item 18 does not show any service in a hostile fire pay (HFP/IDP) area
6. An email, dated 27 October 2011, from DFAS, Indianapolis, IN, shows the applicant received HFP/IDP for service in Kuwait from 19 February through
30 September 2007.
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. Chapter 2 establishes standardized policy for preparation of the DD Form 214. It states that for:
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for Reserve Soldier ordered to active duty and deployed with his/her unit during their continuous period of active service, enter one of three statements including, "Service in (Name of Country Deployed) FROM (YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
DFAS confirmed his receipt of HFP/IDP for service in Kuwait from 19 February through 30 September 2007. Based on this evidence he is entitled to correction of item 12f to show 7 months and 12 days of foreign service. In addition, item 18 should be corrected to show he served in Kuwait from 19 February 2007 to 30 September 2007 (it already shows the other two required statements.
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 amending his DD Form 214:
* Item 12f (Foreign Service) by deleting the entry "0000 00 00" and adding the entry "0000 07 12"
* Item 18 by adding the entry "Service in Kuwait 20070219 - 20070930"
_______ _ s_______ ___
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) AR20110019627
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ABCMR Record of Proceedings (cont) AR20110019627
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