BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120013685
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 his 2006 deployments in support of Operation Iraqi Freedom.
2. The applicant states, in effect, not all of his deployments are shown on his DD Form 214.
3. The applicant provides his DD Form 214 and orders.
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 records show he enlisted in the Regular Army on 12 November 2003 and he held military occupational specialty 63B (Wheeled Vehicle Mechanic). He was assigned to the Special Troops Battalion, U.S. Army Central Command, Fort McPherson, GA.
3. He was honorably discharged on 15 May 2008 by reason of parenthood. He completed 4 years, 6 months, and 4 days of net active service.
4. Item 12f (Foreign Service) of the DD Form 214 he was issued contains the entry "0001 06 11."
5. Item 18 (Remarks) of this form shows he served in Kuwait from 6 February to 11 November 2004 and from 10 March to 14 Decembers 2005. This foreign service equates to a total of 1 year, 6 months, and 11 days.
6. In an email received from the Defense Finance and Accounting Service (DFAS) on 1 August 2012, a DFAS official confirmed the applicant also received hazardous fire/imminent danger pay (HF/IDP) for service in Kuwait for an additional 6 months and 7 days as follows:
* 11 May - 16 June 2006 (1 month and 6 days)
* 8 October 2006 - 8 March 2007 (5 months and 1 day)
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Kuwait for two additional periods that are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.
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 amending his DD Form 214 as follows:
* deleting the entry in item 12f and replacing it with the entry "0002 00 18"
* adding to item 18 the following entries "SERVICE IN KUWAIT FROM 20060511-20060616" and "SERVICE IN KUWAIT FROM 20061008-20070308"
_______ _ 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) AR20120013685
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ABCMR Record of Proceedings (cont) AR20120013685
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