IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002236
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 he served in Afghanistan during Operation Enduring Freedom for 7 months and 3 days; not 2 years, 7 months, and 3 days as currently shown.
2. The applicant states he is requesting this correction in order that his record will be accurate and complete.
3. The applicant provides copies of his DD Form 214 and his Army Achievement Medal Certificate.
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 20 June 2000. He held military occupational specialty 11B (Infantryman).
3. He provides a copy of an Army Achievement Medal Certificate showing he was recognized for meritorious achievement from 1 to 18 December 2002 while assigned to Company C, 505th Parachute Infantry Regiment during Operation Enduring Freedom.
4. On 19 June 2003, the applicant was honorably released from active duty. He had completed 3 years of active duty service. His DD Form 214 shows in:
a. item 12f (Foreign Service), "0002 07 03" (indicating 2 years, 7 months, and
3 days); and
b. item 18 (Remarks), no deployment information.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 29 June through 12 December 2002 (5 months and 14 days) for service in Afghanistan.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that item 18 will contain the following entry for an active duty Soldier deployed with his or her unit during their continuous period of active service: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served in Afghanistan for 7 months and 3 days; not 2 years, 7 months, and
3 days as currently shown.
2. The DFAS verification indicates he was deployed to Afghanistan from 29 June through 12 December 2002 (5 months and 14 days). His DD Form 214 should be corrected to show this foreign service.
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 making the following changes to his DD Form 214:
a. delete the current entry in item 12f and replace it with "0000 05 14";
b. add in item 18 "SERVICE IN AFGHANISTAN FROM 20020629 through 20021212."
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 changing his DD Form 214 to show he served in Afghanistan more than 5 months and 14 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130002236
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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