BOARD DATE: 14 October 2014
DOCKET NUMBER: AR20140003180
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 deployed service in Kuwait/Iraq occurred in 2003, not 2002.
2. The applicant states his DD Form 214 reflects the incorrect dates of deployment.
3. The applicant provides a DA Form 638 (Recommendation for Award).
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. On 1 November 2000, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 92A (Automated Logistical Specialist). He attained the rank/grade of specialist/E-4.
3. He was awarded the Army Commendation Medal on 11 May 2003 for service in Kuwait during the period 8 January 2003 through 20 April 2003.
4. On 27 August 2004, he was honorably released from active duty after serving 3 years, 9 months, and 27 days of creditable active service. The DD Form 214 he was issued at the time shows he deployed to Kuwait/Iraq during the period 12 January 2002 through 12 August 2002.
5. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 10 January 2003 through 16 July 2003 for Kuwait.
6. Army Regulation 635-8 (Separation Processing and Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It states 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:
DFAS confirmed he received HF/IDP and CZTE from 10 January 2003 through 16 July 2003 for Kuwait. DFAS does not specifically reflect service in Iraq; however, it is reasonable to presume he would have first arrived in Kuwait and would have been authorized HF/IDP and CZTE for that location prior to moving into Iraq. DFAS generally does not change a Soldier's records to reflect such a change in location. As such, it appears his statement, together with this information, is sufficient to amend his DD Form 214 to show he served in Kuwait/Iraq from 10 January 2003 through 16 July 2003.
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 amending item 18 of his DD Form 214 by:
a. deleting the entry "SERVICE IN KUWAIT/IRAQ 20020112 20020812"; and
b. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030110 20030716."
__________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) AR20140003180
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ABCMR Record of Proceedings (cont) AR20140003180
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