IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130018008
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 his dates of service in Iraq as "20081111- 20091021" (21 October 2009) instead "20081024-20090121" (21 January 2009).
2. The applicant states his service dates in Iraq are wrong on the DD Form 214. The ending date is listed as 21 January 2009. It should be listed as 21 October 2009. Orders 308-722, dated 3 November 2008, confirm these dates. He knows he deployed for 11 months, not 3 months. His Iraq service date was entered incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214 and Orders 308-722.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior service, the applicant enlisted in the Regular Army on 18 January 1994 and he held an aviation specialty. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant (SSG)/E-6.
3. On 31 March 2010, he retired and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 April 2010. His DD Form 214 shows he was awarded or authorized the Iraq Campaign Medal with one bronze service star. It also shows in item 18 (Remarks), among other entries, the entry "Service in Iraq 20081024-20090121."
4. Section I (Assignment Information) of his Enlisted Record Brief (ERB) shows in the Overseas Service/Deployment Combat section the dates of his service in IZ (Iraq) as "20081025-20091014."
5. An email, dated 31 October 2013, from the Defense Finance and Accounting Service confirmed he received hazardous fire/imminent danger pay (HF/IDP) for service in Kuwait from 25 October 2008 to 13 October 2009.
6. He provides Orders 308-722, issued by Headquarters, U.S. Army Garrison, Fort Drum, NY, on 3 November 2008, deploying him in a temporary change of station status for 365 days beginning on or about 11 November 2008 in support of Operation Iraqi Freedom.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on preparation of the DD Form 214. In Block 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
The applicant's pay records show he received HF/IDP for service in Kuwait (and his ERB shows he served in Iraq) from 25 October 2008 to 13 October 2009. This period of foreign/combat service is consistent with the period shown on his ERB and the orders he provides. It appears his DD Form 214 inadvertently listed the incorrect return date. Therefore, he is entitled to correction of his DD Form 214 to show his correct dates of service in Iraq.
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 from item 18f of his DD Form 214 the entry "Service in Iraq 20081024-20090121" and adding to item 18 the entry "Service in Iraq 20081024-20091021."
_______ _ __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) AR20130018008
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ABCMR Record of Proceedings (cont) AR20130018008
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