IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110021463
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 correct period of service in Kosovo and Iraq.
2. The applicant states item 18 (Remarks) of his DD Form 214 shows:
* SERVICE IN KOSOVO: 20030211-20030707
* SERVICE IN KUWAIT/IRAQ: 20030213-20030702
He adds his Kosovo deployment was in 2002.
3. The applicant provides:
* DD Form 214
* Service Member Deployment History Outprocessing Verficiation, 1 January 2001 7 October 2004
* NATO Medal Certificate
* two DA Forms 2166-8 (NCO Evaluation Report)
* two DA Forms 638 (Recommendation for Award)
* Enlisted Record Brief
* Certificate of Appreciation, Task Force Medical Falcon VII
* Orders #23-01, Headquarters, V Corps, 23 January 2003 (with Alpha Roster)
* DD Form 1351-2 (Travel Voucher)
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 is a retired, Regular Army, Sergeant First Class (SFC/E-7). His DD Form 214 with separation date of 31 January 2005 shows in item 18:
* SERVICE IN KOSOVO: 20030211-20030707
* SERVICE IN KUWAIT/IRAQ: 20030213-20030702
3. The applicant's evidence and evidence provided by the Defense Finance and Accounting Service (DFAS) show his foreign service periods as:
* Macedonia (Kosovo) 20020919 through 20021121
* Kuwait (and Iraq) 20030212 through 20030702
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214, and provides for item 18:
* use this block for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14
* for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows deployment to Kosovo and Kuwait/Iraq during the same period of time in 2003. His records show, and DFAS confirms, he deployed to Kosovo in 2002.
2. The applicant's DD Form 214 should be corrected to show in item 18 the DFAS dates of:
* SERVICE IN KOSOVO: 20020919-20031121
* SERVICE IN KUWAIT/IRAQ: 20030212-20030702
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 entries:
* SERVICE IN KOSOVO: 20030211-20030707
* SERVICE IN KUWAIT/IRAQ: 20030213-20030702
* adding to item 18 of his DD Form 214 the entries:
* SERVICE IN KOSOVO: 20020919-20031121
* SERVICE IN KUWAIT/IRAQ: 20030212-20030702
_______ _ _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) AR20110021463
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110021463
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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