IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130001933
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:
* correct the period he served in support of Operation Enduring Freedom (OEF)
* change his branch of service
* correct the misspelling of Colombia
2. The applicant states his DD Form 214 contains several errors. The correct dated he began serving in support of OEF was 12 January 2003 instead of 12 December 2003. The applicant states the country of Colombia is misspelled on his DD Form 214. The applicant states he needs his branch changed to Military Information Support Operations (MISO). He served 12 years in this branch and retired on 1 October 2006. Psychological Operations, now MISO, was established as a branch on 16 October 2006.
3. The applicant provides:
* Orders Number 301-003, dated 28 October 2002, issued by the Personnel Service Support Team, MacDill Air Force Base, FL
* Orders 178-0266, dated 27 June 2006, issued by XVIII Airborne Corps and Fort Bragg, NC
* Department of the Army General Orders Number 30, dated 12 January 2007
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 May 1984, the applicant accepted a commission as a second lieutenant (2LT) in the U.S. Army. He was promoted to major on 1 June 1997.
3. On 30 September 2006, he retired.
4. Item 2 (Department, Component, and Branch) of his DD Form 214 shows the Engineer branch. Item 11 (Primary Specialty) shows the entry "21B COMBAT ENGINEER - 19 YRS 5 MOS//39B PSYOPS -10 YRS 0 MOS." Item
18 (Remarks) shows the entry "SERVICE IN OPERATION ENDURING FREEDOM (COLUMBIA) FROM 20031212 TO 20060808."
5. The applicant's Officer Record Brief shows his basic branch primary military occupational specialty (MOS) as Engineer and his functional area secondary MOS as Psychological Operations and Civil Affairs. His projected career management field shows 39B00 Psychological Operations and Civil Affairs.
6. The applicant provided Orders Number 301-003, dated 28 October 2002, issued by the Personnel Service Support Team, MacDill Air Force Base, FL, that show he was assigned to the SEC Assist Training Team, Fort Bragg, NC, with duty at Bogota, Colombia. The applicant's reporting date was 12 January 2003.
7. The applicant provided General Orders Number 30, dated 12 January 2007, shows on 16 October 2006 Psychological Operations was established as a basic branch of the Army.
8. In an email, dated 25 February 2013, an official from the Defense Finance and Accounting Service (DFAS) indicated the applicant received hostile fire/imminent danger pay (HFP/IDP) for the period 12 January 2003 through
7 August 2006 for Colombia.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant served in support of Operation Enduring Freedom in Bogota, Colombia from 12 January 2003 to 30 September 2006. Therefore, his DD Form 214 should be corrected to show service in support of OEF (Colombia) from 12 January 2003 to 30 September 2006.
2. The applicant contends his branch should be changed from Engineer to Psychological Operations. However, Psychological Operations was established as a basic branch of the Army effective 16 October 2006. The applicant retired on 30 September 2006 two weeks prior to the establishment of the new branch. Therefore, there is no basis for changing his branch on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X____ ___X___ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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. deleting from his DD Form 214 in item 18 the entry "SERVICE IN OPERATION ENDURING FREEDOM (COLUMBIA) FROM 20031212 TO 20060808"
b. amending item 18 of his DD Form 214 by adding the entry "SERVICE IN OPERATION ENDURING FREEDOM (COLOMBIA) FROM 20030112 TO 20060808"
2. The Board further determined that the evidence presented was 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 changing the branch on his DD Form 214 from Engineer to Psychological Operations.
__________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) AR20130001933
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ABCMR Record of Proceedings (cont) AR20130001933
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