IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000670
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in Iraq.
2. The applicant states he served as a part of the 1st Medical Brigade's Medical Regulating Team in Iraq during Operation Iraqi Freedom.
3. The applicant provides copies of his DD Form 214, Army Commendation Medal Certificate, and a Certificate of Achievement.
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 enlisted in the Regular Army on 9 October 2001, completed training, and was awarded military occupational specialty 91G (Patient Administration Specialist).
3. He was awarded the Army Commendation Medal for exceptional achievement as a member of 1st Medical Brigade's Medical Regulating Team in Iraq during Operation Iraqi Freedom.
4. A review of the applicant's pay records show he received hostile fire/imminent danger pay from 21 March 2003 through 24 June 2003.
5. The applicant was honorably discharged on 2 November 2003 due to parenthood. His DD Form 214 does not show any foreign service or deployment information.
6. 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 states that:
a. item 12f (Foreign Service) is the total amount of foreign service completed during the period covered by 12c (Net Active Service This Period);
b. item 18 (Remarks) is used for Headquarters, Department of the Army mandatory entries when a separate block is not available and as a continuation for entries from other blocks; and
c. for active duty Soldiers deployed with their unit during their continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Kuwait/Iraq from 21 March 2003 through 24 June 2003, 3 months and 4 days. This period of foreign service is not recorded on his DD Form 214.
2. It is appropriate to correct his DD Form 214 at item 12c to include the entry "00 03 04"; and at item 18 to include the statement "SERVICE IN KUWAIT/IRAQ FROM 20030321 - 20030624."
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 amending the applicant's DD Form 214 at:
a. item 12c, to include the entry "00 03 04"; and
b. item 18, to include the statement "SERVICE IN KUWAIT/IRAQ FROM 20030321-20030624."
_______ _ __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) AR20120000670
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ABCMR Record of Proceedings (cont) AR20120000670
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