BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110022902
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 or Release from Active Duty) for the period ending 30 September 2004 to show his foreign service in item 12f (Foreign Service).
2. The applicant states his DD Form 214 for the period ending 30 September 2004 does not show any foreign service in item 12f; however, item 18 (Remarks) shows he served in Kuwait/Iraq from 13 July 2003 through 28 March 2004.
3. The applicant provides copies of his DD Forms 214 for the period ending
21 August 1992, 30 September 2004, 14 October 2005, 6 July 2007, and
15 June 2010.
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 was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 24 June 1993. He was promoted to lieutenant colonel on 20 August 2008. His area of concentration is Medical Corps. He is presently serving in a Troop Program Unit (TPU).
3. The applicant's DD Form 214 for the period ending 30 September 2004 shows in:
a. Item 12f the entry "0000 00 00" indicating no foreign service during this period
b. Item 18 the entries:
* Service in Southwest Asia from 13 July 2003 to 28 March 2004
* Service member received imminent danger pay from 13 July 2003 through 28 March 2004 for service in Kuwait and Iraq
4. 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 item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Item 18 of the applicant's DD Form 214 for the period ending 30 September 2004 shows his period of foreign service in Southwest Asia (Kuwait/Iraq) from 13 July 2003 through 28 March 2004, a period of 8 months and 16 days. Therefore, item 12f of his DD Form 214 for the period ending 30 September 2004 should be corrected to show this period of foreign service.
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 12f of his DD Form 214 for the period ending 30 September 2004 the current entry and replacing it with the entry "0000 08 16."
__________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) AR20110022902
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ABCMR Record of Proceedings (cont) AR20110022902
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