IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120020673
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 correct amount of foreign service.
2. He states:
* his foreign service is incorrect
* his DD Form 214 shows 4 months and 13 days of foreign service but it should reflect he served overseas from 4 April 2003 to 15 March 2004
3. He provides his DD Form 214 and DD Form 2796 (Post-Deployment Health Assessment).
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 on 26 June 2001.
3. He provided his Post-Deployment Health Assessment, dated 24 March 2004, that indicates he was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom on 4 April 2003 and departed on 15 March 2004.
4. On 25 October 2004, he was honorably released from active duty at the completion of his required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 shows in:
a. item 12f (Foreign Service) he completed 4 months and 13 days of foreign service.
b. item 18 (Remarks) he served in Kuwait/Iraq from 3 April 2003 to 15 August 2003.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 6 April 2003 through 16 March 2004. This equates to a period of 11 months and 11 days of foreign service.
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 standardized policy for preparation of the DD Form 214. It states for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD form 214.
b. item 18, for an active duty Soldier deployed 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)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his foreign service on his DD Form 214 is incorrect because he served overseas from 4 April 2003 to 15 March 2004 are acknowledged and are determined to have merit.
2. The applicant's military pay record confirms he received HFP/IDP and CZTE for the period 6 April 2003 through 16 March 2004 for service in Kuwait/Iraq.
3. Therefore, it would be appropriate to correct item 12f of his DD Form 214 to show 11 months and 11 days and to correct item 18 of his DD Form 214 to show he served in Kuwait/Iraq from 6 April 2003 through 16 March 2004.
4. His dates of service in Kuwait/Iraq on his Post-Deployment Health Assessment slightly differ from the dates confirmed by DFAS. In the absence of other corroborating evidence, it would be appropriate to use the dates provided by DFAS in determining his length of service in Kuwait/Iraq.
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:
a. deleting from item 12 of his DD Form 214 the entry "0000 04 13" and replacing it with the entry "0000 11 11," and
b. deleting from item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT AND IRAQ FROM 20030403 - 20030815" and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030406 - 20040316."
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 he served in Kuwait/Iraq from 4 April 2003 to 15 March 2004.
_______ _ _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) AR20120020673
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ABCMR Record of Proceedings (cont) AR20120020673
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