BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120006385 


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 he served in Iraq.

2.  The applicant states he was assigned to Headquarters and Headquarters Company, 36th Engineer Combat Group, 3rd Infantry Division.  He deployed with his unit and served in Iraq from 9 January to 15 December 2005.  He just recently realized that this overseas service is not recorded on his DD Form 214.

3.  The applicant provides copies of his Bronze Star Medal award documents and DD Form 214 in support of his request.

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 enlisted in the Regular Army (RA) on 7 September 1983.  He was awarded military occupational specialty 64F (Lifting and Loading Equipment Operator).

3.  He reenlisted in the RA on 4 June 1987 and continued to serve on active duty through 31 March 2006.

4.  The applicant's Enlisted Record Brief, dated 17 February 2006, shows in section I (Assignment Information), Overseas/Deployment Combat Duty:
	
* Nicaragua - 25 November 1998 to 27 February 1999
* Korea - 13 October 1995 to 18 November 1996
* Haiti - 22 September to 17 October 1994
* Kuwait - 6 June to 12 September 1991
* Germany - 12 January 1989 to 22 March 1992

5.  The applicant's DD Form 214 shows he entered active duty on 7 September 1983, was honorably retired from active duty on 31 March 2006 based on sufficient service for retirement, and transferred to the U.S. Army Reserve Control Group (Retired).  He completed 22 years, 6 months, and 24 days of active service.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service):  "0004 years,
07 months, and 17 days"; and

   b.  item 18 (Remarks) that he served in:

* Kuwait - 6 June to 12 September 1991
* Haiti - 22 September to 17 October 1994
* Nicaragua - 25 November 1998 to 27 February 1999

   c.  Item 18 does not show the applicant deployed with his unit to Iraq or the period of any such deployment.

6.  In support of his application, the applicant provides a copy of a DA Form 638 (Recommendation for Award), dated 1 August 2005, and Headquarters,
3rd Infantry Division, Camp Liberty, Baghdad, Iraq, Permanent Orders Number 277-43, dated 4 October 2005, that show he was awarded the Bronze Star Medal for meritorious service as First Sergeant, Headquarters and Headquarters Company, 36th Engineer Combat Group, 3rd Infantry Division (Iraq) from
9 January to 15 December 2005.


7.  During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of hostile fire pay/imminent danger pay (HFP/IDP).  DFAS confirmed the applicant received HFP/IDP from 9 January through 26 December 2005 for Kuwait.

8.  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 and contains
item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12:  enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Enlisted Record Brief; and

   b.  item 18:  use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  For an active duty Soldier deployed to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq.

2.  The evidence of record shows the applicant arrived overseas in the theater of operations on 9 January 2005 and he was authorized HFP/IDP for service in Kuwait through 26 December 2005.

	a.  A calculation of this period of overseas service shows the following:

	2005  12  26	date of redeployment
	- 2005  01  09	date of deployment to Kuwait/Iraq
	=     00  11  17
	+                   1	day inclusive
	=     00  11  18	total foreign service in Kuwait/Iraq

   	b.  Item 12, block f, of the applicant's DD Form 214 shows 4 years,
7 months, and 17 days; however, it does not include his service in Kuwait/Iraq.


   c.  A calculation of his total foreign service shows the following:

	0004  07  17	foreign service in item 12, block f
	+ 0000  11  18	foreign service in Kuwait/Iraq
	=     0004  18  35	total (converts to)

            0005  07  05		total foreign service during military service

3.  Therefore, it would be appropriate to correct his DD Form 214 to show his correct total foreign service and that he served in Kuwait/Iraq during the above cited period.

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:

	a.  deleting from item 12, block f of his DD Form 214 the entry "0004  07  17" and adding the entry "0005  07  05"; and

   b.  adding to item 18 of his DD Form 214 the entry:  "SERVICE IN KUWAIT/IRAQ FROM 20050109-20051226."




      _______ _   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)                                         AR20120006385



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ABCMR Record of Proceedings (cont)                                         AR20120006385



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