BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130020215
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 show he served 1 year and 2 months of foreign service and that he deployed to Iraq during the period 20030120 20040326.
2. The applicant states his DD Form 214 incorrectly reflects 5 months of foreign service and that he deployed during the period 20030120 20030619; however, he deployed during the period 20030620 20040326 for a period of 1 year and 2 months.
3. The applicant provides a memorandum for record, his DD Form 214, a DA Form 31 (Request and Authority for Leave), and a Post-Deployment Health Assessment.
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 Regular Army on 21 June 2001 for a period of 3 years. He completed his training as a Quartermaster and Chemical Equipment Repairer and was transferred to Fort Hood, Texas.
3. The memorandum for record provided by the applicant from his commander indicated the applicant deployed to Iraq during the period 20030402 20040321 for a period of 11 months and 20 days of foreign service.
4. On 15 July 2004, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 3 years and 25 days of active service. His DD Form 214 issued at the time of his REFRAD shows in item 12f (Foreign Service) that he served 5 months of foreign service and in item 18 (Remarks) that he deployed to Iraq during the period 20 January 2003 to 19 June 2003.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a memorandum for record that shows he deployed to Kuwait/Iraq during the period 20030402 20040321 for a period of 11 months and 20 days of foreign service. Accordingly, his DD Form 214 should be corrected to show this information.
2. However, the applicant has failed to provide sufficient evidence to show that he deployed to Iraq for 1 year and 2 months during the period 20030120 20040326. Accordingly, there is no basis to correct his DD Form 214 to show that information.
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 the entry 0000 05 00 from item 12f of his DD Form 214
* Deleting the entry Serving in Operation Iraqi Freedom from 20 Jan 2003 to 19 June 2003 from item 18 of his DD Form 214
* Adding the entry 0000 11 20 in item 12f of his DD Form 214
* Adding the entry Service in Kuwait/Iraq during the period 20030403
- 20040321 in item 18 of his DD Form 214
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 correcting his DD Form 214 to show 1 year and 2 months of foreign service and service in Iraq during the period 20030120 - 20040326.
_______ _ 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) AR20130020215
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ABCMR Record of Proceedings (cont) AR20130020215
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