BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130002879 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his three additional periods of service in Iraq and Afghanistan.

2.  The applicant states he deployed to Iraq and Afghanistan five times in total, but only two of his deployments are annotated on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* Permanent Orders 9-2, issued by Headquarters, 3rd Infantry Division, Fort Stewart, GA, dated 9 January 2003
* Permanent Orders 321-16, issued by the same headquarters, dated
16 November 2004
* Permanent Orders 321-12, issued by the same headquarters, dated
16 November 2004
* Permanent Orders Number 321-15, issued by the same headquarters, dated 16 November 2004
* Orders 056-305, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 25 February 2008


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 17 September 2001.

3.  He submitted:

	a.  Permanent Orders 9-2, dated 9 January 2003, that show his unit was deployed to Kuwait in support of Operation Enduring Freedom, effective
20 January 2003 until completion of mission.  A "Soldier Roster" includes the applicant's name.

	b.  Permanent Orders Number 321-16, issued by Headquarters, 3d Infantry Division and Fort Stewart, dated 16 November 2004, which show his unit was assigned to U.S. Army Forces Central Command, Third Army in support of Operation Enduring Freedom, effective 10 January 2005.

	c.  Permanent Orders Number 056-305, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 25 February 2008, which show his unit was deployed to Afghanistan in support of Operation Enduring Freedom, effective 24 March 2008.

4.  His records contain three Army Commendation Medal (ARCOM) certificates that show he was awarded the ARCOM for:

	a.  meritorious service during Operations Enduring Freedom and Iraqi Freedom from 20 March to 1 May 2003.



	b.  meritorious service during Operation Iraqi Freedom III from 10 January to 5 November 2005.

	c.  meritorious service during Operation Iraqi Freedom 05-07 from 12 July to 15 November 2006.

5.  On 5 December 2012, he was honorably discharged at the completion of required active service.  He completed 11 years, 2 months, and 19 days of creditable active service.  The DD Form 214 he was issued shows in:

	a.  item 12f the entry "0001  04  01," indicating he completed 1 year,
4 months, and 1 day of foreign service during the period covered by the DD Form 214; and

	b.  item 18 (Remarks) of his DD Form 214 shows the following entries:

* SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA
* SERVICE IN IRAQ 20060708 - 20061118
* SERVICE IN AFGHANISTAN 20101021 - 20111010

6.  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 from 23 January through 17 July 2003
* Kuwait/Iraq from 10 January 2005 through 1 January 2006
* Kuwait/Iraq from 10 July through 19 November 2006
* Afghanistan from 24 March 2008 through 9 March 2009

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  This regulation states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  an active duty Soldier ordered to deploy to a foreign country, enter in
item 18 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."



DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant served two additional tours in Kuwait/Iraq from 23 January through 17 July 2003 and 10 January 2005 through 1 January 2006 
and one additional tour in Afghanistan from 24 March 2008 through 9 March 
2009.  Therefore, his DD Form 214 should be corrected to add these periods of deployment.

2.  Evidence shows he served 3 years, 11 months, and 14 days of total foreign service.  Therefore, his DD Form 214 should be corrected accordingly.

BOARD VOTE:

__X___  __X______  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 the current entry and replacing it with the entry "0003  11  14";

	b.  deleting from item 18 of his DD Form 214 the entry ''SERVICE IN IRAQ 20060708 - 20061118//SERVICE IN AFGHANISTAN 20101021 - 20111010"; and

	c.  adding to item 18 of his DD Form 214 the entry:

* "SERVICE IN KUWAIT/IRAQ FROM 20030101 - 20030707"
* "SERVICE IN KUWAIT/IRAQ FROM 20050110 - 20060101"
* "SERVICE IN KUWAIT/IRAQ FROM 20060710 - 20061119"


* "SERVICE IN AFGHANISTAN FROM 20080324 - 20090309"
* "SERVICE IN AFGHANISTAN FROM 20101021 - 20111010"



      _________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)                                         AR20130002879



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002879



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1