IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120003309 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his foreign service in Afghanistan, Uzbekistan, Pakistan, Yemen, Jordan, Egypt, and Kenya.  

2.  The applicant states his DD Form 214 shows no overseas service in item 12f (Foreign Service) and documents no deployments in item 18 (Remarks).  

3.  The applicant provides the documents identified in item 9 (In support of this application I submit as evidence) of his application (DD Form 149).  

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army on 30 June 1998 and he was trained in and awarded military occupational specialty (MOS) 74C (Telecommunication Center Operator).  He was advanced to specialist (SPC)/E-4 on 1 May 2000, and this was the highest rank he held on active duty.  

3.  The applicant's Official Military Personnel File (OMPF) is void of any documents or orders related to service in any of the countries in question.  

4.  On 31 October 2002, the applicant was honorably released from active duty after completing 4 years, 4 months, and 1 day of active military service.  Item 12f contains the entry "0000  00  00" and item 18 contains no entries related to overseas deployments during the period.  

5.  A Defense Finance and Accounting Service (DFAS) record shows the applicant received imminent danger pay/hostile fire pay (IDP/HFP) during the following periods in the countries indicated:

* 1 October-18 November 1999, Egypt
* 25 April-31 May 2000, Saudi Arabia
* 1 September-31 October 2001, Jordan
* 1 November 2001-28 February 2002, Uzbekistan/Afghanistan 

6.  The applicant provides a Task Force Dagger Certificate of Appreciation.  He also provides 5th Special Forces Group (Airborne) deployment orders, dated 
18 February 2002, which directed the applicant's temporary change of station deployment in support of Operation Enduring Freedom for 365 days.  In addition, he provides a deployment roster indicating he was deployed in support of Operation Enduring Freedom from 2 November 2001 through 28 February 2002.  Task Force Dagger was the designation of the Special Forces elements that conducted the initial invasion into Afghanistan following the terrorist attack on the United States on 11 September 2001.  Task Force Dagger was comprised of elements from the U.S. Army Special Operations Command that included the 
5th Special Forces Group.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Chapter 2 contains instructions for preparing the DD Form 214.  

8.  The instructions for item 12 contained in Army Regulation 635-5 state to enter all overseas service completed during the period covered by the DD Form 214.  The instructions for item 18 state, in pertinent part,  that for an active duty Soldier deployed 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 request to document his overseas service in Afghanistan, Uzbekistan, Pakistan, Yemen, Jordan, Egypt, and Kenya has been carefully considered and found to have partial merit.   

2.  A DFAS record confirms the applicant deployed to Egypt from 1 October-
18 November 1999, Saudi Arabia from 25 April-31 May 2000, Jordan from 
1 September-31 October 2001, and Uzbekistan/Afghanistan from 1 November 2001-28 February 2002.  As a result, it would be appropriate to correct item 12f and item 18 of the DD Form 214 accordingly.  

3.  There is no evidence of record to confirm service in Pakistan, Yemen, and Kenya.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  Item 12f - delete the current entry and add the entry "0000  07  26"; and 

	b.  Item 18 - add the entries "SERVICE IN EGYPT FROM 19991001-19991118," "SERVICE IN SAUDI ARABIA FROM 20000425-20000531," "SERVICE IN JORDAN FROM 20010901-20011031," and "SERVICE IN UZBEKISTAN/AFGHANISTAN FROM 20011101-20020228."
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 documenting service in Pakistan, Yemen, and Kenya.  



      __________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)                                         AR20120003309



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ABCMR Record of Proceedings (cont)                                         AR20120003309



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