BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004700
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, in effect, correction of his record to show he served in Iraq in military occupational specialty (MOS) 88M (Truck Driver).
2. The applicant states while serving in the active U.S. Army Reserve, he had orders in hand to go to Iraq as an 88M.
3. The applicant provides no additional evidence.
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. Having 4 months and 21 days of prior active service, the applicant's record shows he entered active duty as a member of the U.S. Army Reserve on
16 November 2005.
3. His record contains a DA Form 1059 (Service School Academic Evaluation Report) which shows he attended and successfully completed the 14S (Avenger Crewmember) course from 21 November 2005 through 14 February 2006.
4. His record contains an Enlisted Record Brief, dated 27 August 2007, which shows he served in Korea beginning 1 March 2006 and he arrived at Fort Hood, TX, on 20 March 2007. This form does not show he was awarded or ever served in MOS 88M.
5. On 2 October 2007, the applicant was honorably discharged from service for parenthood. His DD Form 214 (Certificate of Release or Discharge from Active Duty) contains the following information:
a. item 12f (Foreign Service) shows he served overseas 1 year, 0 months, and 1 day;
b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of any awards which would be associated with a deployment to Iraq; and
c. item 18 (Remarks) does not include a statement pertaining to service in Iraq.
6. During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account (MMPA) which shows he did not receive hostile fire pay/imminent danger pay and combat zone tax exclusion for Iraq at any time.
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. In 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. Chapter 2 contains guidance on the preparation of the DD Form 214 and states:
a. the total amount of foreign service completed during the period of active service covered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f of the form; and
b. for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show a deployment to Iraq in MOS 88M was carefully considered.
2. However, the applicant did not provide any evidence nor do his records contain any evidence which shows he ever held MOS 88M or performed any foreign service in Iraq. In addition, a query of the applicant's MMPA revealed he did not receive any pay or entitlements associated with a deployment to Iraq. Therefore, he is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ _____X___ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130004700
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ABCMR Record of Proceedings (cont) AR20130004700
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