IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120004286
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 in:
* item 14 (Military Education) the date he completed the Advanced Noncommissioned Officer Course (ANCOC)
* item 18 (Remarks) his deployment to Iraq from 9 January to 28 April 2003
2. He states he graduated from ANCOC in 1998. He also states he deployed to Iraq with the 1st Battalion, 30th Infantry, 3rd Brigade, 3rd Infantry Division from Fort Benning, GA on 9 January 2003. His deployment to Iraq is accurately reflected on his Enlisted Record Brief (ERB).
3. He provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* DD Form 214
* ERB
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's request for correction of his DD Form 214 to reflect ANCOC is acknowledged. However, item 14 (as continued in item 18 (Remarks)) of his DD Form 214 currently reflects he completed ANCOC in 1998. Therefore, this portion of his request will not be further discussed in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 27 June 1985.
4. His ERB, dated 6 October 2004, indicates he was deployed to Iraq from January to May 2003.
5. Upon the completion of sufficient service he was retired from active duty on 30 June 2005. His DD Form 214 shows in:
a. item 12f (Foreign Service), he completed 7 years and 10 months of foreign service.
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)), award of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal among other awards.
c. item 18 (Remarks), no entry for deployment in support of Operation Iraqi Freedom.
6. Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 10 January through 30 April 2003.
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 preparation of the DD Form 214. It states that 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military pay records show he received HFP/IDP and CZTE for the period 10 January through 30 April 2003 for service in Kuwait.
2. His ERB indicates he was deployed to Iraq from January to May 2003.
3. His military pay records and ERB are accepted as sufficient evidence to amend item 18 of his DD Form 214 to show his service in Kuwait/Iraq.
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 item 18 to show the entry SERVICE IN KUWAIT/IRAQ FROM 20030110 TO 20030430.
2. The Board further determined that the evidence presented was 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 showing he served in Iraq from 9 January to 28 April 2003.
_______ _ 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) AR20120004286
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ABCMR Record of Proceedings (cont) AR20120004286
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