IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120008182 


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) for the period ending 16 April 2008 to show his foreign service in Kuwait, Iraq, and Panama.

2.  He states he served in Kuwait from November 2002 to March 2003, in Iraq from March 2003 to August 2003, and in Panama for 2 months in 1995. 

3.  The applicant provides:

* DD Form 214
* Order Number 000324-95-95
* Order Number 000501-95-95
* Permanent Order 312-001 with Annex A1 

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.  His military records show on 21 May 1989 he entered active duty with the U.S. Army Reserve (USAR).

3.  He submits:

   a.  Order Number 000324-95-95 which shows he was scheduled to proceed on temporary duty (TDY) to Panama for a period of 15 days beginning on           25 March 1995, and

   b.  Order Number 000501-95-95 which shows he was scheduled to proceed on TDY to Panama for a period of 22 days beginning on 3 May 1995.

4.  Permanent Order 312-001 with Annex A1 (unit roster) shows the listed individuals of Headquarters, 459th Engineer Company, Detachment 1, were assigned and/or deployed outside the continental United States in support of Operation Enduring Freedom effective 14 November 2002 for a period of 365 days unless extended.  The applicant's name is listed on Annex A1.  A USAR Active Guard Reserve (AGR) End of Tour Report shows he reported on    1 November 2002 and was released from this tour of duty on 23 August 2003.

5.  His DD Form 214 shows he was honorably released from active duty on 16 April 2008 due to completion of required active service in the rank of sergeant/E5 and transferred to the USAR Control Group (Reinforcement).  He completed 18 years, 10 months, and 26 days of creditable active service during this period.  

6.  His DD Form 214 is void of any foreign service entry in item 12f (Foreign Service).  This form is void of any entries in item 18 (Remarks) regarding deployment for any contingency operations.  However, it does list the Iraq Campaign Medal.

7.  During the processing of this case the Defense Finance and Accounting Service confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion from 19 November 2002 through 12 July 2003 for Kuwait.

8.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  It states to enter in block 12f the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).  It further prescribes that for an active duty Soldier deployed to a foreign country 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)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  He submits orders showing he was scheduled for TDY in Panama for two periods in 1995 for a total of 1 month and 7 days.  However, there is no available evidence to verify how much if any of the scheduled TDY he actually completed.  As such, there is an insufficient basis to add this time to his DD Form 214.    

2.  A USAR AGR End of Tour Report shows he completed an unidentified tour during the period 1 November 2002 through 23 August 2003.  DFAS records show he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion during the period 19 November 2002 through 12 July 2003 for Kuwait.  As such, since this is the only period of foreign service that can be verified, it would be appropriate to amend item 12f to only show 7 months and 24 days.

3.  Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion may not reflect when or that a Soldier moved from Kuwait to Iraq.  However, based on the above recommended correction and the fact that his records show he was authorized the Iraq Campaign Medal, it would be appropriate to add to item 18 of his DD Form 214 the statement, "SERVICE IN KUWAIT and IRAQ FROM 19 NOVEMBER 2002 - 12 JULY 2003."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

   a.  amending item 12f of his DD Form 214 to show 7 months and 24 days of foreign service, and

	b.  adding to item 18 of his DD Form 214 the statement, "SERVICE IN KUWAIT and IRAQ FROM 19 NOVEMBER 2002 - 12 JULY 2003."

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 showing foreign service for Panama in 1995.




      _______ _   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)                                         AR20120008182



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ABCMR Record of Proceedings (cont)                                         AR20120008182



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