BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130013030
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service and his awards for service in Iraq.
2. The applicant states that he served in Iraq with B Company, 4th Battalion, 42nd Field Artillery Regiment and was returned in October 2003 due to his expiration of term of service; however, his DD Form 214 does not reflect that foreign service or his awards and he is seeking medical attention for Post-Traumatic Stress Disorder (PTSD) from the Department of Veterans Affairs (VA).
3. The applicant provides copies of his DD Form 214 and deployment order.
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 14 October 2000 for a period of 3 years and training as a cannon crewman. He completed his one-station unit training (OSUT) at Fort Sill, Oklahoma and was transferred to Fort Hood, Texas for his first and only assignment.
3. On 20 December 2003, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 3 years, 2 months and 20 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he had no foreign service and that his awards included the National Defense Service Medal and Army Service Ribbon.
4. A review of his official records failed to show any evidence of the applicant having served in Iraq or actually deployed.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information on the DD Form 214 will be obtained from official records that are in effect at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in Iraq is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application sufficient evidence to show that he was in fact in Iraq and the period in which he received imminent danger pay.
2. Therefore, in the absence of evidence to establish the period he served in Iraq, a determination cannot be made in regards to the amount of foreign service or awards to which he may be entitled.
3. Accordingly, there is insufficient evidence to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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) AR20130013030
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ABCMR Record of Proceedings (cont) AR20130013030
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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