IN THE CASE OF:    

		BOARD DATE:  2 December 2014	    

		DOCKET NUMBER:  AR20140002812 


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 his foreign service in Afghanistan.

2.  The applicant states:

* his DD Form 214 does not show his foreign service
* he deployed with the 65th Engineer Battalion attached to Company B, 2nd Battalion, 5th Infantry Regiment
* his unit was deployed from Schofield Barracks to Tarin Kowt, Afghanistan, during Operation Enduring Freedom V from May 2004 to May 2005
* he was incarcerated at the Naval Consolidated Brigade at Miramar when his DD Form 214 was prepared

3.  The applicant provides:

* Army Commendation Medal (ARCOM) Certificate
* DA Form 638 (Recommendation for Award)
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report)
* DD Form 214
* Certificate of Training

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 12 February 1999.

3.  Headquarters, 3rd Brigade, 25th Infantry Division (Light), Permanent Order Number 359-181, dated 24 December 2004, awarded him the ARCOM for meritorious service in support of Combined Joint Task Force Bronco during Operation Enduring Freedom V in Afghanistan from 21 April 2004 to 21 April 2005.

4.  His NCO Evaluation Report for the period April 2004 through March 2005 shows he served as a team leader in Company C, 65th Engineer Battalion, Combined Joint Task Force-76, in Afghanistan during the period covered.

5.  He provided a Task Force 2-5 "Bobcats" Army Mountain Warfare School Certificate of Training showing he completed 40 hours of Cold Weather/Mountain Warfare Training during the period 15-20 March 2005.

6.  On 29 September 2008, he was dishonorably discharged by reason of court-martial.  He completed 8 years, 2 months, and 19 days of active service and accrued 1 year, 4 months, and 29 days of lost time.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* NCO Professional Development Ribbon

7.  Item 12f (Foreign Service) of his DD Form 214 does not show he was credited with completing any foreign service.  Item 18 (Remarks) of his DD Form 214 does not show any deployed service.

8.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan during the period 6 May 2004 through 1 May 2005.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  For item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

	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)" in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he deployed to Afghanistan with his unit in support of Operation Enduring Freedom V from May 2004 to May 2005.  DFAS records confirm he received HF/IDP and CZTE for service in Afghanistan during the period 6 May 2004 through 1 May 2005.  Therefore, his DD Form 214 should be corrected to show he completed 11 months and 26 days of foreign service.  His DD Form 214 should also be corrected to show this deployed service in Afghanistan in the remarks block.

2.  As a related issue, his DD Form 214 should be corrected to show award of the ARCOM for his service in support of Combined Joint Task Force Bronco.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 to show:

* he was awarded the ARCOM
* he completed 11 months and 26 days of foreign service
* the entry "SERVICE IN AFGHANISTAN FROM 20040506-20050501"



      ____________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)                                         AR20130020384



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ABCMR Record of Proceedings (cont)                                         AR20140002812



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