IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120019021
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, the father of a former service member (FSM), requests correction of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the FSM deployed to Kuwait and Iraq and served in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).
2. He states the FSM served overseas in Kuwait and Iraq and the absence of this information affects veterans' benefits. He states a page from the FSM's Department of Veterans Affairs (VA) medical records states the FSM's DD Form 214 indicates deployment in OEF and/or OIF.
3. He provides a power of attorney signed by the FSM on 14 March 2012 and a page from the FSM's VA medical records.
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. On 23 September 1997, the FSM enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty (MOS) 63T (Bradley Fighting Vehicle System Mechanic). He later served in MOS 91R (Veterinary Food Inspection Specialist).
3. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed the FSM's Master Military Pay Account and confirmed he had received hostile fire/imminent danger pay and combat-zone tax exclusion for service in Kuwait from 16 August 1999 through 21 December 1999, a period of 4 months and 6 days.
4. On 22 December 2000, the FSM was honorably released from active duty. His DD Form 214 shows no foreign service in item 12f (Foreign Service) and no entry for deployed service in item 18 (Remarks).
5. The applicant provides a page from the FSM's VA medical records containing an entry signed by a program assistant on 29 May 2009. The entry states, "This patient is a returning veteran, whose DD214 [sic] indicates deployment in Operation Enduring Freedom (OEF) and/or Operation Iraqi Freedom (OIF)."
6. 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 the standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. item 18 for an active duty Soldier deployed with his unit during his continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
7. OEF began on 7 October 2001 and OIF began on 20 March 2003.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by DFAS shows the FSM was deployed to Kuwait during the period 16 August through 21 December 1999, a period of 4 months and 6 days. This foreign service was not recorded in item 12f of his DD Form 214 and the period of deployed service in Kuwait was not entered in item 18. It would be appropriate to amend his DD Form 214 to add these entries documenting his deployed service at this time.
2. The FSM was released from active duty prior to the beginning of OEF and OIF. There is no evidence showing he served in Iraq. Therefore, there is no basis for correcting his records to show he served in Iraq in support of OEF/OIF.
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 is 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 his DD Form 214 to show in:
* Item 12f 4 months and 6 days
* Item 18 "SERVICE IN KUWAIT FROM 19990816-19991221"
2. The Board further determined 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 correction of the FSM's records to show he served in Iraq in support of OEF/OIF.
_______ _ _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) AR20120019021
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ABCMR Record of Proceedings (cont) AR20120019021
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