IN THE CASE OF:	  

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130020394 


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 item 12f (Foreign Service) and item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his proper foreign service.

2.  The applicant states:

	a.  He did not have his deployment orders available at the time of his discharge from active duty and, as a result, he was told to estimate his time spent overseas.

	b.  Upon review of his deployment orders, he learned the foreign service dates listed on his DD Form 214 are inaccurate.

	c.  The correct dates of his deployment are from 5 October 2005 through 1 March 2006 and from 17 October 2007 through 20 June 2008.

3.  The applicant provides:

* DD Form 214
* two deployment orders


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 8 May 2003.  He was trained in and awarded military occupational specialty 18B (Special Forces Weapons Sergeant).

3.  On 8 April 2010, he was honorably released from active duty by reason of completion of required service.  He completed 6 years, 11 months, and 1 day of creditable active duty service.  His DD Form 214 shows the following entries in the items indicated:

* item 12f – "0001  00  02" (1 year and 2 days)
* item 18 –

* "SERVICE IN IRAQ 20071012-20080529"
* "SERVICE IN IRAQ 20051012-20060201"

4.  There are no documents in the applicant's military records that show the exact dates his departure for service in Iraq and the date of his return to the continental United States for either of his deployments.

5.  An email from the Defense Finance and Accounting Service, dated 14 January 2014, confirmed the applicant received hostile fire and/or imminent danger pay (HFP/IDP) during the periods 10 October 2005 to 2 February 2006 and 14 October 2007 to 27 May 2008.

6.  The applicant provided the following deployment orders published by Headquarters, 5th Special Forces Group (Airborne), Fort Campbell, Kentucky:

	a.  Orders 61853, dated 4 October 2005, deploying him in support of Operation Enduring Freedom (OEF), Operation Iraqi Freedom (OIF) III, and future Iraqi Freedom rotations with assignment to the U.S. Central Command area of responsibility (AOR), proceeding on or about 5 October 2005 for a period of 179 days, with possible extension or until mission completion; and

	b.  Orders 80545, dated 19 September 2007, deploying him in support of OEF, OIF IV, and future Iraqi Freedom rotations with assignment to the U.S. Central Command AOR, proceeding on or about 17 October 2007 for a period of 280 days, with possible extension or until mission completion.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214 and stated:

* for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* for item 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:

1.  The applicant contends the dates of his foreign service should be correctly annotated on his DD Form 214.  There is insufficient evidence to support this claim.

2.  The evidence of record does not show and the applicant did not provide evidence of the specific dates he arrived in and departed from Iraq.  While he did provide the two deployment orders that authorized his deployments, these orders only provided "on or about" departure dates to Iraq and an estimation of the number of days of he would perform service in this location.  These orders also did not conclusively show the dates of his actual departure from and return to the continental United States.

3.  Absent any additional information, such as the applicant's Personnel Qualification Record, redeployment orders, travel vouchers, manifest reports, or other records, there is an insufficient evidentiary basis to support the requested relief in this case and administrative regularity is presumed.

4.  Finally, while this Board would normally establish a Soldier's foreign service by the dates he received HFP/IDP, his DFAS record only shows he completed 11 months and 6 days foreign service and item 12f of his DD Form 214 shows he completed 1 year and 2 days foreign service.  As a result, his DFAS record shows less foreign service but it is this Board's policy that an applicant will not be made worse off than when he or she applied to the Board.

5.  In view of the foregoing, the applicant's request should be denied.

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 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)                                         AR20130020394



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ABCMR Record of Proceedings (cont)                                         AR20130020394



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