IN THE CASE OF:  

		BOARD DATE: 29 August 2013

		DOCKET NUMBER:  AR20130002114 


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 6 August 2004 to correctly show his service in Iraq.

2.  The applicant states he was deployed to Iraq in mid-April 2003 and he returned to the United States on 2 July 2004.  His DD Form 214 for the period ending 6 August 2004 shows only 9 months and 16 days of foreign service when it should show well over 1 year and 2 months.

3.  The applicant provides:

* his DD Form 214 for the period ending 6 August 2004
* Orders M-052-0125, issued by Headquarters, 99th Regional Support Command, dated 21 February 2003 with amendments dated 6 January and 3 May 2004

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 is a sergeant first class (SFC) in the U.S. Army Reserve.

3.  He provides copies of:

	a.  Orders M-052-0125, dated 21 February 2003, that ordered him to report to the 372d Military Police (MP) Company, Cumberland, MD on 24 February 2003 for 365 days of active duty in support of Operation Enduring Freedom.

	b.  Orders M-4-006-1269, dated 6 January 2004, that show the period of his active duty was amended from 365 days to 475 days; and

	c.  Orders M-04-124-0619, dated 3 May 2004, that show the period of his active duty was amended to show 595 days.

4.  On 6 August 2004, the applicant was honorably released from active duty at the completion of required active service.  He completed 1 year, 5 months, and 13 days of net active service this period.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  09  16" (indicating 9 months and 16 days); and

	b.  item 18 (Remarks), the entry "Service in Southwest Asia 20030921 - 20040601."

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) from 15 May 2003 through 4 July 2004 for Kuwait.  This period equates to 1 year, 1 month and 20 days of foreign service.

6.  His record contains a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period March 2003 through February 2004 that shows he was serving as a communications team chief in Iraq during that period.

7.  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 the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, 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)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to correctly show his service in Iraq.

2.  Although DFAS' confirmation indicates he was deployed only to Kuwait, his record shows he also served in Iraq.  Therefore, his DD Form 214 should be corrected to show his foreign service as Kuwait/Iraq from 15 May 2003 through 
4 July 2004.

3.  Although he contends he served well over 1 year and 2 months of service in Iraq, records show he only served 1 year, 1 month, and 20 days of foreign service in Kuwait/Iraq.  Therefore, his DD Form 214 should be corrected accordingly.

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 12f of his DD Form 214 for the period ending 6 August 2004 the entry "0000  09  16" and replacing it with the entry "0001  01  20"; and

	b.  deleting from item 18 of his DD Form 214 for the period ending 6 August 2004 the entry "SERVICE IN SOUTHWEST ASIA 20030921 - 20040601" and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030515 - 20040704."

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 in item 12f any foreign service entry in excess of 1 year, 1 month, and 20 days.



      ___________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)                                         AR20110003578



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ABCMR Record of Proceedings (cont)                                         AR20130002114



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