BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024703
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 from Active Duty) to show his foreign service in Iraq from 4 April to 3 November 2005.
2. He states his DD Form 214 does not properly reflect his foreign service in Iraq.
3. He provides his DD Form 214, Army National Guard Retirement Points History Statement, and an article from the Minuteman Magazine.
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 completion of prior enlisted service in the Army National Guard (ARNG), the applicant was appointed as a Reserve warrant officer on 25 July 2002 in the ARNG.
3. Orders 013-209, issued by the Massachusetts Army National Guard (MAARNG), dated 13 January 2005, show he was ordered to active duty in support of Operation Iraqi Freedom, effective 19 January 2005, for a period of 365 days. These orders were later amended to indicate the period of active duty as 16 January to 22 November 2005.
4. He was released from active duty on 22 November 2005 at the completion of required active service. His DD Form 214 for this period shows in:
a. item 12f (Foreign Service) the entry "0000 00 00," indicating no foreign service;
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) the Global War on Terrorism Expeditionary Medal among other awards and decorations;
c. item 18 (Remarks), the entry "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS//ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302."
5. He provides his Army National Guard Retirement Points History Statement, dated 8 November 2011, that indicates he has 32 years of creditable service for retired pay. He also provides an article from the Minuteman Magazine, Fall 2005 edition, that shows a picture of the applicant with other Soldiers and the caption indicated the applicant was deployed with the 42nd Infantry Division in Iraq.
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 6 April to 31 October 2005, a period of 6 months and 26 days.
7. Army Regulation 635-5 (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 a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
a. "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
c. "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. The applicants military pay records show he received HF/IDP and CZTE for the period 6 April to 31 October 2005 (a period of 6 months and 26 days) for service in Kuwait/Iraq. However, his DD Form 214 does not show any foreign service in item 12f or item 18.
2. His DD Form 214 shows award of the Global War on Terrorism Expeditionary Medal for his deployment to Kuwait/Iraq and that he was ordered to active duty in support of Operation Iraqi Freedom.
3. Based on the available evidence, it would be appropriate to amend item 12f of his DD Form 214 to reflect 6 months and 26 days of foreign service and to amend item 18 to show his service in Kuwait/Iraq from 6 April to 31 October 2005.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X___ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:
a. deleting form item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 06 26"; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/ IRAQ FROM 20050406 - 20051031."
2. The Board further determined that 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 correcting his DD Form 214 to show his foreign service in Iraq from 4 April to 3 November 2005.
__________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) AR20110024703
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