IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120002939
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 foreign service and participation in the Global War on Terrorism.
2. The applicant states his foreign service dates and service in Iraq are not reflected on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Statement from his former platoon leader
* Permanent Orders 017-005, issued by Headquarters, U.S. Army, Fort Dix, NJ, dated 17 January 2003
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 U.S. Army Reserve (USAR) on 28 June 1991 and he held military occupational specialty 31B (Military Police (MP)). He was reassigned to the 822nd MP Company in February 2002.
3. He was ordered to active duty as a member of his unit on 27 December 2002.
4. On 17 January 2003, Orders 017-005 ordered his unit to deploy in support of Operation Enduring Freedom (OEF) with assignment to the U.S. Central Command area of responsibility (AOR) effective 6 February 2003 for a period of 365 days. The applicant's name is listed on the attached unit roster.
5. On 4 March 2004, the applicant was honorably released from active duty at the completion of required active service. He completed 1 year, 2 months, and
8 days of net active service this period. The DD Form 214 he was issued at the time shows in:
* Item 12f (Foreign Service) the entry "0000 11 29" indicating he completed 11 months and 29 days of foreign service
* Item 18 (Remarks) shows the entries:
* Individual completed period for which ordered to active duty for purpose of post-service benefits and entitlements
* Ordered to active duty in support of OEF/Operation Iraqi Freedom (OIF) IAW (in accordance with) 10 USC 12302 (Title 10, U.S. Code, section 12302)
* Member has completed first full term of service
* Service in Kuwait/Iraq 20030206 to 20040204
* Served in a designated imminent danger pay area
6. There is no indication in his record that he completed any other period(s) of foreign service during the period covered by the DD Form 214.
7. He provides a statement, dated 2 February 2012, from his former platoon leader who confirms the applicant's deployment to Camp Arifjan in early 2003 and subsequent service in Iraq.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing 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
* item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The applicant completed 11 months and 29 days of foreign service in Kuwait/
Iraq in support of OEF/OIF from 6 February 2003 to 4 February 2004. His periods of foreign service as well as his combat service are properly annotated on his DD Form 214.
2. There is no evidence of record and he provides none to show he completed any other periods of foreign/combat service within the period covered by his
DD Form 214. Therefore, there is no basis for correcting his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20120002939
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ABCMR Record of Proceedings (cont) AR20120002939
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