BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130005640 


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 7 August 2004 to show his foreign service in Iraq.

2.  He states he served in Iraq from March to August 2003.

3.  He provides his DD Form 214.

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.  His record shows he was inducted into the Army of the United States on 13 April 1967 and served until he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 12 April 1969.  Afterward, he continued to serve for various periods of time in the U.S. Marine Corps, USAR, and Army National Guard (ARNG).

3.  His record is void of any deployment orders and he did not provide any evidence showing he deployed to Iraq.

4.  His DD Form 214 for the period 3 February 2003 through 7 August 2004 contains the following information:

* item 12f (Foreign Service) shows he completed 0 years, 0 months, and 0 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows award of both the Global War on Terrorism Expeditionary Medal (GWOTEM) and Global War on Terrorism Service Medal (GWOTSM)
* item 18 (Remarks) shows he was ordered to active duty for Operations Noble Eagle and Enduring Freedom, but does not show he deployed to Iraq

5.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he did not receive pay and tax exclusion entitlements associated with deployment to the hostile fire area of Iraq during the period 3 February 2003 through 7 August 2004.

6.  On 1 September 2005, the applicant was discharged from the ARNG and transferred to the Retired Reserve.

7.  On 21 February 2008, he was retired and placed on the Retired List.

8.  An ABCMR analyst attempted to contact the applicant on three occasions at the telephone number provided on his application, but was unable to reach him.

9.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense, to include Iraq.

10.  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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214 and states:

	a.  foreign service completed during the period covered by the DD Form 214 should be entered in item 12f;

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13; and

	c.  for a Reserve soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession in item 18.
		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)." 
		(2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 
		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his foreign service in Iraq was carefully considered.

2.  Although his DD Form 214 indicates he served a qualifying period of service for award of the GWOTEM, it also indicates he did not perform any foreign service.

3.  A query of his MMPA maintained by DFAS revealed he did not receive pay and tax exclusion entitlements associated with deployment to the hostile fire area of Iraq.

4.  His record is void of any evidence and he did not provide any evidence showing he actually deployed and served in Iraq from March to August 2003.  Therefore, he is not entitled to the requested relief at this time.


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)                                         AR20130005640





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ABCMR Record of Proceedings (cont)                                         AR20130005640



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