IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003474
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 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.
2. The applicant states that his records support the entries that were omitted at the time of his discharge.
3. The applicant provides copies of his DD Form 214, four DD Forms 215, deployment orders, DA Form 873 (Security Clearance), travel vouchers, and a settlement of his claim from the Defense Finance and Accounting Service (DFAS).
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. After serving in the California Army National Guard as an M1 Armor Crewman, the applicant enlisted in the Regular Army on 2 May 1998 and was transferred to Fort Hood, Texas where he was assigned to the 1st Battalion, 66th Armor Regiment.
3. The travel vouchers submitted by the applicant show that he deployed in a temporary duty (TDYK) status to Kuwait during the periods 20030204 20030208, 20030318 20030322, 20030415 20030620 and in Afghanistan during the period 20030209 20030317, a total of 3 months and 25 days of foreign service.
4. On 7 August 2003, he was honorably discharged due to disability with severance pay. He had served 5 years, 4 months, and 6 days of active service. His DD Form 214 issued at the time of his discharge shows no foreign service in item 12f. There is no entry in item 18 (Remarks) reflecting his deployments.
5. Subsequent to the applicants discharge, four DD Forms 215 were issued that added awards of the Global War on Terrorism Service Medal, Afghanistan Campaign Medal with one bronze service star, and changing the amount of his prior inactive service.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 18, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his deployments and foreign service has been noted and found to have merit.
2. The applicant deployed to Kuwait during the periods 20030204 20030208, 20030318 20030322, and 20030415 20030620 and in Afghanistan during the period 20030209 20030317 for a total of 3 months and 25 days of foreign service. Accordingly, that information should be entered on his DD Form 214 at this time.
3. Additionally, the applicant should be issued a new DD Form 214 to consolidate all of the previously-issued DD Forms 215.
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
* Entering the entry 0000 03 25 in item 12f of his DD Form 214
* Adding the entry Service in Kuwait during the periods 20030204 20030208, 20030318 20030322, 20030415 20030620 and Service in Afghanistan during the period 20030209 20030317 to item 18 of his DD Form 214
* Voiding his previous DD Form 214 and 215s and issuing the applicant a new DD Form 214 consolidating all information contained on the previously-issued documents.
_______ _ 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) AR20140003474
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ABCMR Record of Proceedings (cont) AR20140003474
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