BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130019043
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 the dates of his service during Operation Enduring Freedom (OEF) instead of the dates of his service in Oman.
2. The applicant states he served in support of OEF from 13 October 2001 to
24 April 2002 but he is not getting credit for his service during OEF.
3. The applicant provides a DD Form 214, temporary change of station orders, and an aircraft boarding manifest.
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 in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 15 April 1987. He was retired on 30 September 2006 after completing 20 years and 21 days of active duty service.
3. His DD Form 214 shows in block 18 (Remarks) the entry "SERVICE IN OMAN 20011015-20020424." Block 18 does not specifically state that he served during OEF.
4. His DD Form 214 also shows he was awarded the Afghanistan Campaign Medal (ACM).
5. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for preparation of the DD Form 214 and stated that in block 18:
a. For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
b. 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD).
6. Army Regulation 600-8-22 (Military Awards) states the ACM is awarded to members who have served in direct support of OEF.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the dates of his service during OEF instead of the dates of his service in Oman has been carefully considered.
2. The governing regulation at the time of his retirement provided that the identification of the military operation in block 18 of the DD Form 214 pertained to Reserve Soldiers ordered to active duty in support of a contingency operation, not for Regular Army Soldiers deployed with their units.
3. The entry in block 18 of his DD Form 214 that indentifies the country of deployment was correctly recorded in accordance with the governing regulation at the time of his retirement. There is no evidence of error in the preparation of his DD Form 214.
4. The applicant's DD Form 214 shows he was awarded the ACM. Therefore, his service in support of OEF is properly documented on his DD Form 214.
5. Based on the foregoing, there is no basis to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ __X______ _X___ 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) AR20130019043
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ABCMR Record of Proceedings (cont) AR20130019043
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