IN THE CASE OF:
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014562
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.
2. The applicant states he deployed with Service Battery, 1st Battalion, 41st Field Artillery Regiment from Fort Stewart, Georgia and did not receive credit for the deployment on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, a third-party statement (unsigned), and photographs.
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. After serving 2 years, 11 months and 15 days of active service, the applicant enlisted in the Regular Army on 3 October 2007 for duty as a petroleum supply specialist.
3. Information obtained from the applicants Military Master Pay Account (MMPA) at the Defense Finance and Accounting Service (DFAS) indicates that the applicant deployed to Kuwait during the period 20030124 20030719 (5 months and 26 days).
4. On 23 February 2009, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph
14-12c(2) due to misconduct (Drug Abuse). He had served 1 year, 4 months, and 21 days of active service and his DD Form 214 issued at the time of his discharge shows no foreign service in item 12f (foreign service) or deployment information in item 18 (Remarks).
5. 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 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:
1. The applicants contention that his DD Form 214 should be corrected to show his foreign service has been noted and appears to have merit.
2. The applicant deployed to Kuwait/Iraq during the period 20030124 20030719 (5 months and 26 days) and that information should be reflected on his DD Form 214.
BOARD VOTE:
___X____ ___X____ __ X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
* Deleting the entry 0000 00 00 in item 12f of his DD Form 214 for the period ending 23 February 2009
* Entering the entry 0000 05 26 in item 12f of his DD Form 214 for the period ending 23 February 2009
* Entering the entry Service in Kuwait/Iraq 20030124 20030719 in item 18 of his DD Form 214 for the period ending 23 February 2009
_______ _ 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) AR20130014562
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