Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110021472
Original file (20110021472.txt) Auto-classification: Approved

		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 applicant’s 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021472



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120011862

    Original file (20120011862.txt) Auto-classification: Approved

    He also provided his DD Form 2796, dated 26 December 2003, that shows he arrived in Kuwait on 1 May 2003 and in Iraq on 17 May 2003. The applicant contends he served in Iraq from 5 May 2003 to 29 December 2003 but a DD Form 215, based on DFAS records, shows he served in Kuwait from 2 May 2003 to 30 December 2003. As such, the evidence shows he served in Kuwait and Iraq during this period.

  • ARMY | BCMR | CY2008 | 20080010367

    Original file (20080010367.txt) Auto-classification: Approved

    The applicant requests, in effect, that his 4 February 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Germany, Kosovo, and Kuwait/Iraq. Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy. Therefore, item 18 of the applicant's DD Form 214 should be corrected to show "SERVICE IN MACEDONIA FROM 20030114 - 20030505" and "SERVICE IN KUWAIT/IRAQ FROM 20040214 - 20050210 and 20051016 – 20061007."

  • ARMY | BCMR | CY2012 | 20120008182

    Original file (20120008182.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 April 2008 to show his foreign service in Kuwait, Iraq, and Panama. However, based on the above recommended correction and the fact that his records show he was authorized the Iraq Campaign Medal, it would be appropriate to add to item 18 of his DD Form 214 the statement, "SERVICE IN KUWAIT and IRAQ FROM 19 NOVEMBER 2002 - 12 JULY 2003." As a result, the...

  • ARMY | BCMR | CY2012 | 20120013598

    Original file (20120013598.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). However, there is sufficient evidence to support correcting his records to show he served in Pakistan from 31 January-6 August 2002. As such, he is entitled to have the Iraq Campaign Medal with two bronze service stars added to his DD Form 214. c. Based on the recommended corrections in paragraphs 1 and 2 above showing he served 6 months and 7 days in Pakistan in support of OEF and 5 months and 5...

  • ARMY | BCMR | CY2010 | 20100024072

    Original file (20100024072.txt) Auto-classification: Approved

    BOARD DATE: 5 April 2011 DOCKET NUMBER: AR20100024072 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he served in Kuwait/Iraq for 12 months from April 2003 to April 2004 but his DD Form 214 omitted this foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from block 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 11 24"; b. adding to block...

  • ARMY | BCMR | CY2014 | 20140017101

    Original file (20140017101.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq for 451 days with the 501st Military Intelligence (MI) Battalion; and b. award of the Combat Action Badge, Iraq Campaign Medal with three campaign stars, Global War on Terrorism Expeditionary Medal, and Army Achievement Medal. The applicant provides: * DD Form...

  • ARMY | BCMR | CY2012 | 20120011216

    Original file (20120011216.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). He submitted a copy of Orders 224-01, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, ordering the 307th Engineer Battalion on a deployment/temporary change of station to the Central Command Area of Responsibility in support of Operation Iraqi Freedom (OIF), effective on or about 1 September 2003. He should be entitled to two bronze service stars to be worn with the Iraq Campaign...

  • ARMY | BCMR | CY2011 | 20110009193

    Original file (20110009193.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq from 10 July to 5 December 2007. He states, in effect, item 18 (Remarks) of his DD Form 214 was corrected to show service in Kuwait from 10 July to 5 December 2007, but he would like it changed to show he served in Iraq during this period. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2010 | 20100022623

    Original file (20100022623.txt) Auto-classification: Approved

    He states, in effect, his DD Form 214 should: a. show in item 11 the entry 13B, Cannon Crewmember - 17 years, 7 months and 31C, Radio Operator - Maintainer, 21 years, 1 month; b. include in item 13 the entry Iraq Campaign Medal with two bronze service stars and the Combat Action Badge; c. include in item 14 the entry Radio Teletype Operator Course, 13 weeks, November 1984; and d. show in item 18 the entry Immediate Reenlistments This Period: 19871209 - 19930908, 19930909 - 19970521, and...

  • ARMY | BCMR | CY2012 | 20120008295

    Original file (20120008295.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of 3 Army Commendation Medals * award of the Iraq Campaign Medal * his foreign service in Iraq 2. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Army Commendation Medal (2nd Award) from...