IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140005355
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 block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he spent
3 months in Iraq and 9 months in Afghanistan.
2. He states a simple mistake was made by either Department of Defense or his unit, 569th Engineer Company, 4th Engineer Battalion, Fort Carson, CO.
3. The applicant did not provide any additional documentation.
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 10 April 2008. He was discharged on 8 March 2011. His DD Form 214 shows he was credited with
11 months and 25 days of foreign service. Block 18 shows:
* Service in Afghanistan 20090215 - 20090429
* Service in Iraq 20090430 - 20100209
3. His record contains an Enlisted Record Brief (ERB) dated 23 June 2010 that shows in Section I (Assignment Information - Overseas/Deployment Combat Duty):
* Iraq - 20090215 20090430 (i.e., 20090429) - 2 months
* Afghanistan - 20090430 - 20100209 - 10 months
4. The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 20090520 through 20100208 for service in Kuwait.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4 states that an active duty Soldier deployed with his or her unit during their continuous period of active service, will have the following statement entered in item 18 of the DD Form 214: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. His ERB shows he served in 2 months in Iraq during the period 20090215 to 20090429 and 10 months in Afghanistan during the period 20090430 to 20100209.
2. It appears that when his DD Form 214 was prepared his deployment periods were inverted. Therefore, it would be appropriate to correct block 18 to reflect the periods of foreign service as shown on his ERB.
3. The portion of his request to show he served 3 months in Iraq and 9 months in Afghanistan is not supported by the available evidence and he did not provide sufficient evidence to support his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending block 18 of his DD Form 214 by:
a. deleting "SERVICE IN AFGHANISTAN 20090215 - 20090429//SERVICE IN IRAQ 20090430 - 20100209" and
b. adding "SERVICE IN IRAQ 20090215 - 20090429//SERVICE IN AFGHANISTAN 20090430 - 20100209."
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing he served 3 months in Iraq and 9 months in Afghanistan.
_______ _ _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) AR20140005355
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005355
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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