IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016741
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), to show he served in Afghanistan in support of Operation Enduring Freedom (OEF) from November 2001 through March
2002 and served in Iraq in support of Operation Iraqi Freedom (OIF) from February 2003 through June 2003.
2. The applicant states his service in Afghanistan and Iraq are not reflected on his DD Form 214. He served honorably in both combat zones and in the interest of fairness the service should be annotated on his DD Form 214. He has attached as evidence two Noncommissioned Officer Evaluation Reports (NCOER's) and two awards.
3. The applicant provides:
* NCOER's for the periods ending January 2001 and January 2004
* two Bronze Star Medal Certificates, dated 21 June 2002 and 16 April
2004, with related documents
* two DA Forms 638 (Recommendation for Award) dates 6 June
2002 and 1 April 2004
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 26 February 1985. He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman). He was later awarded MOS 18Z (Special Forces Senior Sergeant). The applicant was promoted to First Sergeant (1SG) on 1 March 1999.
3. The applicant provided two BSM Certificates. The first BSM Certificate shows he deployed to Afghanistan in support of OEF from 20 November 2001 through
9 March 2002. The second BSM Certificate shows he deployed to Iraq in support of OIF from 2 February 2003 through 15 June 2003.
4. On 31 March 2005, the applicant retired.
5. Item 18 (Remarks) of his DD Form 214 does not show he served in Afghanistan from 20 November 2001 through 9 March 2002 and Iraq from
2 February 2003 through 15 June 2003.
6. 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. It establishes standardized policy for the preparation of the DD Form 214. It states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show he served in Afghanistan and in Iraq was carefully considered and it was determined there is evidence to support his request.
2. The two BSM Certificates provided by the applicant are accepted as sufficient evidence to show he served in Afghanistan from 20 November 2001 through
9 March 2002 and Iraq from 2 February 2003 through 15 June 2003. Therefore, his DD Form 214 should be corrected to show in Item 18 the entries:
* "SERVICE IN AFGHANISTAN FROM 20011120 - 20020309"
* "SERVICE IN IRAQ FROM 20030202 - 20030615"
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 adding to item 18 of his DD Form 214 the entries "SERVICE IN AFGHANISTAN FROM 20011120 - 20020309" and "SERVICE IN IRAQ FROM 20030202 - 20030615."
_______ _ _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) AR20130016741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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