IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000991
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 his dates of his deployment in support of Operation Iraqi Freedom as 17 January to 15 May 2004 and amendment of his foreign service accordingly.
2. The applicant states he started out-processing shortly after his return from Iraq and the incorrect information regarding his deployment to Iraq was entered on his DD Form 214. He contends that he was deployed to Iraq from 17 January through 15 May 2004 as indicated in his Statement of Wartime Service.
3. The applicant provides his DD Form 214, unit deployment orders, and Statement of Wartime Service.
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 22 June 2000 and was awarded military occupational specialty 11B (Infantryman) upon completion of initial entry training
3. A memorandum for record, Headquarters, 2d Battalion, 505th Parachute Infantry Regiment, dated 2 March 2004, subject: Statement of Wartime Service, shows he was deployed in support of Operation Iraqi Freedom from 17 January through 15 May 2004, a period of 3 months and 29 days.
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Iraq from 18 January through 21 April 2004.
5. He was released from active duty on 30 July 2004. Block 12f (Foreign Service) of his DD Form 214 shows 8 months and 7 days. Block 18 (Remarks) shows he served in Iraq from 16 December 2002 through 6 January 2003 (22 days) and in Afghanistan from 7 January through 22 August 2003 (7 months and 16 days).
6. 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 provides standardized policy for the preparation of the DD Form 214 and states:
a. in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Service This Period); and
b. in block 18 for an active duty Soldier deployed to a foreign country 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. The applicant's contention that his DD Form 214 should be corrected to show his dates of his service in Iraq and the corresponding amount of foreign service has been carefully reviewed and found to have merit.
2. The Statement of Wartime Service shows he was deployed in support of Operation Iraqi Freedom from 17 January 2004 through 15 May 2004 for a total of 3 months and 29 days. DFAS records confirm he received HFP/IDP and CZTE for service in Iraq from 18 January 2004 through 21 April 2004. While the Statement of Wartime Service and DFAS dates of service are slightly different, the dates of service shown on the Statement of Wartime Service prepared by the applicant's unit should be used to document the correct dates of his service in Iraq on his DD Form 214.
3. Based on his 3 months and 29 days of service in Iraq and 7 months and 16 days of service in Afghanistan, block 12f of his DD Form 214 should be corrected to show 11 months and 15 days.
BOARD VOTE:
___x____ ____x___ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. amending block 12f of his DD Form 214 to show 11 months and 15 days and
b. amending block 18 of his DD Form 214 by replacing the entry "SERVICE IN IRAQ 20021216-20030106" with the entry "SERVICE IN IRAQ 20040117-20040515."
____________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) AR20120000991
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ABCMR Record of Proceedings (cont) AR20120000991
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