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ARMY | BCMR | CY2013 | 20130021676
Original file (20130021676 .txt) Auto-classification: Approved

		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





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ABCMR Record of Proceedings (cont)                                         AR20130021676



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