IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021676
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 foreign service be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his deployment to Afghanistan is not reflected on his DD Form 214.
3. The applicant provides a copy of a Certificate of Recognition.
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 14 October 2000. He completed his one-station unit training as a human resources specialist.
3. He deployed to Afghanistan during the period 20031002 20040414, a period of 6 months and 13 days of foreign service.
4. He continued to serve until he was discharged on 27 September 2006. He had served 5 years, 11 months, and 14 days of active service and had 41 days of lost time due to being absent without leave (AWOL). His DD Form 214 issued at the time of his discharge does not reflect any foreign service or his deployment to Afghanistan.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and provides that for item 18 (Remarks) for an active duty Soldier deployed to a foreign country 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)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served 6 months and 13 days of foreign service and is entitled have that time added to his DD Form 214.
2. He deployed to Afghanistan during the period 20031002 20040414 and is also entitled to have that deployment added to his DD Form 214.
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 the entry 0000 00 00 from item 12f of his DD Form 214
* Adding the entry 0000 06 13 to item 12f of his DD Form 214
* Adding the entry Service in Afghanistan 20031002 20040414 to item 18 of his DD Form 214
_______ _ _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) AR20130021676
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021676
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021676
The applicant requests that his foreign service be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090009117
The applicant states that his request to the Army to annotate his service in Iraq during the period January 2004 through April 2004 on his DD Form 214 has been denied. The applicant provides the following documents in support of his application: self-authored statement; third-party statements; DD Form 214; DD Form 215 (Correction to DD Form 214); Enlisted Record Brief; and board proceedings, dated 27 February 2007 and 28 October 2008. In this case, the entry "SERVICE IN IRAQ FROM...
ARMY | BCMR | CY2015 | 20150001027
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployment to Afghanistan. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism...
ARMY | BCMR | CY2013 | 20130004745
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 12f (Foreign Service) he served a total of 9 months and 2 days of foreign service * item 18 (Remarks) he deployed to Afghanistan from 21 March to 12 July 2010 2. The first deployment was omitted from his DD Form 214, but it is listed on his Enlisted Record Brief (ERB). It states for: a. item 12f, enter the total amount of foreign service completed during the period...
ARMY | BCMR | CY2014 | 20140000135
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployments to Iraq and Afghanistan and any awards he is entitled to receive. It also shows that he was awarded the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Parachutist Badge. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003...
ARMY | BCMR | CY2010 | 20100030069
The regulation states that for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)" 8. Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form...
ARMY | BCMR | CY2014 | 20140003474
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in item 18 (Remarks) the entries Service in Kuwait 20030204 20030208, 20030318 20030322, 20030415 20030620 and Service in Afghanistan 20030209 20030317 and that all of his DD Forms 215 (Correction to DD Form 214) be consolidated into one document. His DD Form 214 issued at the time of his discharge shows no foreign service in item 12f. As a result, the Board...
ARMY | BCMR | CY2010 | 20100024240
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 November 2009 to show his deployment to Afghanistan. He states he served in Afghanistan from 5 November 2008 until July 2009 but his DD Form 214 shows no foreign service time. The statement "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302" already appears in item 18 of his DD Form 214.
ARMY | BCMR | CY2009 | 20090002658
He stated that while he remembered the date he was ordered to active duty in July 2002 and the date he returned to the United States, he did not remember the exact dates of his arrival and departure from Afghanistan. Since the exact dates of the applicant's 2002/2003 deployment cannot be determined with any certainty, this period of foreign service cannot be added to Item 12f of his DD Form 214. As such, it would be appropriate to add these two deployments to Item 18 of the applicant's DD...
ARMY | BCMR | CY2014 | 20140006604
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 be corrected to show his service in Afghanistan and award of the Afghanistan Campaign Medal (ACM). The Post-Deployment Health Assessment he provides shows he deployed to Afghanistan during the period 20031117 20040626, a period of 7 months and 10 days of foreign service.