IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021472
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 was deployed overseas in Iraq from 26 April 2003 through 25 April 2004.
2. He states his first tour in Iraq from 26 April 2003 to 25 April 2004 is not reflected on his DD Form 214.
3. He provides his DD Form 214 and temporary change of station orders with an attached listing of personnel.
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. He enlisted in the Regular Army on 22 June 2001. He was trained in and awarded military occupational specialty 92F (Petroleum Supply Specialist).
3. Orders 114-05, dated 24 April 2003, published by the 4th Battalion, 27th Field Artillery Regiment, 1st Armored Division show his unit received temporary change of station orders to Kuwait effective for the period on or about 26 April 2003 through 25 April 2004.
4. He was released from active duty on 1 February 2007 after completion of required active service. He completed 5 years, 7 months, and 10 days of creditable active service this period.
5. Item 18 (Remarks) of his DD Form 214 does not show the requested deployed service.
6. During the processing of this case the Defense Finance and Accounting Service (DFAS) confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Kuwait from 2 May 2003 through 30 December 2003.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It states for item 18, for an active duty Soldier deployed 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)."
DISCUSSION AND CONCLUSIONS:
1. Temporary Change of Station Orders 114-05 ordered him to proceed to Kuwait for a period of on or about 26 April 2003 through 25 April 2004. However, there is no available evidence to show that he served in Iraq during the period 26 April 2003 to 25 April 2004. Therefore, there is an insufficient basis for which to show on his DD Form 214 that he served in Iraq from 26 April 2003 to 25 April 2004.
2. Notwithstanding the above, DFAS confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Kuwait from 2 May 2003 through 30 December 2003. The available information is not sufficient to determine with certainty the exact period of time he served in Kuwait in support of Operation Iraqi Freedom. However, based on the available information it would be appropriate to add the entry, "SERVICE IN KUWAIT FROM 20030502-20031230" to item 18 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030502 - 20031230."
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 showing he was deployed overseas in Iraq from 26 April 2003 through 25 April 2004.
_______ _ __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) AR20110021472
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ABCMR Record of Proceedings (cont) AR20110021472
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