BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008674
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service credit.
2. The applicant states that he served in Kuwait/Iraq from July to December 2007; however, his DD Form 214 does not reflect his foreign service and he is going to join the U.S. Air Force and would like his foreign service reflected.
3. The applicant provides copies of his orders transferring him to Kuwait/Iraq and documents related to his discharge.
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 2 November 2006. He completed his training and was assigned to Fort Bragg, North Carolina for duty as a motor transport operator. Defense Finance and Accounting Service (DFAS) records show he deployed to Kuwait during the period 20070724 20071230 (5 months and 7 days).
3. On 4 April 2008, he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13 due to a personality disorder. He had served 1 year, 5 months, and 3 days of active service and his DD Form 214 issued at the time of his discharge reflects no foreign service in item 12f (Foreign Service).
4. Army Regulation 635-5 (Personnel Separations - 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 for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
b. item 18 (Remarks), 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:
The applicant served 5 months and 7 days of foreign service in Kuwait during the period 20070724 20071230 and is entitled to have that foreign service reflected on his DD Form 214. However, there is no evidence of record and he provides no evidence to show he served in Iraq. If he can provide such evidence he may apply for reconsideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x______ __x______ _x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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:
* deleting the entry 0000 00 00 from item 12f of his DD Form 214
* adding the entry 0000 05 07 to item 12f of his DD Form 214
* adding the entry "SERVICE IN KUWAIT FROM 20070724-20071230" to item 18 of his DD Form 214
2. The Board further determined that the evidence presented was 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 he served in Iraq at this time.
_________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) AR20130008674
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ABCMR Record of Proceedings (cont) AR20130008674
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