IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004953
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 to Item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 November 2004, to reflect his service in Afghanistan.
2. The applicant states that his DD Form 214 should show his foreign service from 7 October 2001 to 10 April 2002.
3. The applicant provides a copy of his DD Form 214.
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 applicants military record shows he enlisted in the Regular Army on 18 April 2001. He completed training and was awarded military occupational specialty 11B (Infantryman).
3. The applicant was honorably released from active duty, in pay grade E-4, on 30 November 2004. He was credited with completing 3 years, 7 months, and 13 days of net active service.
4. Item 12f of his DD Form 214 shows zero credit for foreign service. Item 18 (Remarks) of this form contains the entry, "Service in Afghanistan - 20011007-20020410 Imminent Danger Pay Area."
5. A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait (Afghanistan) from 7 October 2001 through 2 April 2002, a period of 5 months and 27 days.
6. Army Regulation 635-5 (Personnel Separations - 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 the preparation of the DD Form 214. It states that for:
* Item 12, 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/her 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's DD Form 214 shows he credited for service in Afghanistan from 7 October 2001 through 10 April 2002, a period of 6 months and 3 days. DFAS states he was deployed from 7 October 2001 through 2 April 2002, a period of 5 months and 27 days. As it is the Board's policy to not disadvantage an applicant the dates of deployment listed on his DD Form 214 will be accepted for his period of foreign service. Therefore, Item 12f of his DD Form 214 for the period ending on 30 November 2004 should be corrected to show he served 6 months and 3 days of foreign service.
2. In view of the foregoing, his records should be corrected as recommended below.
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 deleting from Item 12f of the applicant's DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 06 03."
__________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.
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