IN THE CASE OF:	   

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015565 


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 the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 2 October 2007: 

* Item 12a (Date Entered AD [active duty] This Period)
* Item 12c (Net Active Service This Period)
* Item 12f (Foreign Service)

2.  The applicant states item 12a of his 2007 DD Form 214 should list the date of 17 July 2006.  This would result in changes to items 12c and 12f, respectively.  Item 18 (Remarks) of this DD Form 214 reflects his correct time of service in Iraq.  
3.  The applicant provides copies of Orders Number 249-0084, his DD Form 214, and a Correction of DD Form 214 memorandum.

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 U.S. Army Reserve on 25 January 1983.

3.  Orders Number 06-143-0054, issued by the 99th Regional Readiness Command, dated 23 May 2006, ordered him to active duty in support of Operation Iraqi Freedom for 545 days with a report date of 17 July 2006.

4.  Permanent Orders Number 251-001, issued by Headquarters, U.S. Army Fort Dix, NJ, dated 8 September 2006, mobilized him for a temporary change of station deployment for 545 days.

5.  He provided copies of the following:

   a.  Orders Number 249-0084, issued by Headquarters, U.S. Army Fort Dix, NJ, dated 6 September 2007, released him from active duty effective 2 October 2007.

   b.  A DD Form 214 showing he was honorably released from active duty on 2 October 2007 and was transferred to a Reserve unit.  The DD Form 214 lists in:

* Item 12a – 2007-07-17
* Item 12b (Separation Date This Period) – 2007-10-02
* Item 12c – 0001-02-16
* Item 12f – 0000-11-15
* Item 18 – "Service in Iraq 20060917 to 20070901"

   c.  A Correction to DD Form 214 memorandum, dated 3 November 2007, wherein he stated in accordance with orders numbers 06-143-0054, 251-001, and 249-0084, he was mobilized and deployed during Operation Iraqi Freedom in 2006.  The DD Form 214 he received from Fort Dix, NJ, after his tour in Iraq needs to be corrected as item 12a reads 17 July 2007 and should read 17 July 2006.

6.  On 24 September 2013, a staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire and imminent danger pay for service in Kuwait/Iraq from 16 September 2006 through 1 September 2007, a period of 11 months and 16 days.



7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation states:

* Item 12a – will list the beginning date of the continuous period of active duty for the issuance of this DD Form 214
* Item 12c – will list the amount of service this period, computed by subtracting item 12a from 12b
* Item 12f - will list credit for all foreign service completed during the period covered by the DD Form 214
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 17 July 2006 through 2 October 2007, a period of 1 year, 2 months, and 16 days.  He served in Kuwait/Iraq from 15 September 2006 through 1 September 2007, a period of 11 months and 16 days.  Therefore, he is entitled to the correction of the following items of his 2007 DD Form 214 to list:

* Item 12a – 2006-07-17
* Item 12f – 0000-11-16

2.  Item 12c of his DD Form 214 properly credited him with completion of 1 year, 2 months, and 16 days of net active service this period.  Therefore, he is not entitled to correction of item 12c of his DD Form 214.

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 from item 12a of the applicant's DD Form 214 ending on 2 October 2007 the entry, "2007-07-17" and replacing it with the entry, "2006-07-17"
* deleting from item 12f of this DD Form 214 the entry, "0000-11-15" and replacing it with the entry, "0000-11-16"
                                         
2.  The Board further determined that the evidence presented is 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 correction of item 12c of this DD Form 214.



      _______ _   _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)                                         AR20130015565





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ABCMR Record of Proceedings (cont)                                         AR20130015565



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