IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005632
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect:
* deployment from 2006 through 2007
* training in California in 2006
* missing awards
2. The applicant states he applied for a contracting job for which he needs proof he deployed in 2006 and received training in California in 2006. Only upon applying for the contracting position was it brought to his attention that this information is missing on his DD Form 214. He also believes he is entitled to more awards than are reflected on his DD Form 214, although he is uncertain which ones.
3. The applicant provides his DD Form 214.
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 basis to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 22 November 2005. He completed training as an infantryman and was honorably discharged on
17 February 2010.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 and the addendum to block 13 list the following:
* Army Commendation Medal
* Army Good Conduct medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with Campaign Star (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Army Lapel Button
* Authorized Shoulder Sleeve Insignia for former Wartime Service
* Overseas Service Bar
4. The applicant's record is void of and he does not provide evidence of entitlement to further awards.
5. Item 14 (Military Education) on his DD Form 214 lists the following:
* Combat Lifesaver Course, 1 week, 2008
* Driver's Training Course, 2 weeks, 2008
* Infantryman Course, 16 weeks, 2006
6. The applicant's record is void of and he does not provide evidence of further training.
7. Item 18 (Remarks) on his DD Form 214 contains the entry "SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20081101-20090920//." Item 18 contains no reference to the applicant's 2006 deployment.
8. The Defense Finance and Accounting Service (DFAS) confirmed the applicant further received hostile fire and imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 8 August 2006 through
26 September 2007.
9. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in Item 18.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in Kuwait from 8 August 2006 through 26 September 2007. In accordance with the applicable regulation, his DD Form 214 should be amended to show his dates of deployment in Kuwait.
2. The available evidence does not show the applicant completed training in California in 2006 nor does it show entitlement to further awards beyond those listed on the DD Form 214.
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 adding to Item 18 of his DD Form 214 the entry Service in Kuwait from 20060808-20070926.
2. The Board further determined that the evidence presented is 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 a correction of the DD Form 214 to reflect 2006 training in California and additional awards.
__________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) AR20140005632
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005632
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011876
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * second deployment to Iraq from 27 June to 31 October 2008 * completion of the Warrior Leader Course 2. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and b. item 14, from the ERB, shows formal in-service (full-time attendance) training courses successfully completed during the period of...
ARMY | BCMR | CY2010 | 20100028470
Item 12f (RECORD OF SERVICE: FOREIGN SERVICE) shows he completed 11 months and 25 days of foreign service; c. Item 13 (DECORATIONS, MEDALS, BADGES, CITATIONS, AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) shows these awards: * Army Commendation Medal * Army Achievement Medal (4th Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Noncommissioned Officer Professional Development Ribbon (2nd Award) * Army...
ARMY | BCMR | CY2009 | 20090019158
Block 14 (Military Education) will reflect formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. The applicant's DD Form 214 should reflect 2 months and 20 days in block 12f. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Good Conduct Medal,...
ARMY | BCMR | CY2010 | 20100030412
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in support of Operation Iraqi Freedom (OIF); to show completion of the Primary Leadership Development Course (PLDC); to show award of the Noncommissioned Officer Professional Development Ribbon (NCOPDR); and to replace the 21-week Morse Code Interceptor...
ARMY | BCMR | CY2008 | 20080007681
The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal (2nd Award); Item 14 (Military Education) to show he completed the Javelin Course; the 1st Battalion, 26th Infantry Regiment Team Leader Course; Infantry Basic Training; German Headstart (60 Hours) and correction of Item 18 (Remarks) to...
ARMY | BCMR | CY2013 | 20130014766
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: * award of: * Army Commendation Medal (ARCOM) (3rd Award) * Army Achievement Medal (AAM) * Iraq Campaign Medal (ICM) * Afghanistan Campaign Medal (ACM) * Overseas Service Ribbon (OSR) * North Atlantic Treaty Organization International Security Assistance Force (NATO-ISAF) Medal * Combat Infantryman Badge (CIB) * Royal Australian Army Parachutist Badge * Military...
ARMY | BCMR | CY2013 | 20130000586
Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. c. Item 14, list the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214. Although he may have attended these courses, the evidence of record does not show and he has not provided any evidence that shows he completed either course. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2012 | 20120008534
The applicant requests correction of his DD Form 214 in: * item 11 (Primary Specialty) to add a secondary specialty, "12B2O Combat Engineer - 2 years, 1 month, and 6 days" * item 12f (Foreign Service) to add an additional 4 months and 26 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Medals Awarded or Authorized) to show, in effect, three awards of the Overseas Service Ribbon * item 14 (Military Education) to add a certificate of training for User Level Maintenance...
ARMY | BCMR | CY2012 | 20120006946
Evidence shows the applicant was awarded the 6th award of the Army Achievement Medal and the 2nd award of the Army Commendation Medal. Therefore, item 18 of his DD Form 214 should be corrected to show this period of deployed service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0005 04 04"; b. adding to item 13 of his DD...
ARMY | BCMR | CY2014 | 20140013418
The applicant's military pay records show he received HFP/IDP and CZTE for the period 2 June 2009 to 25 May 2010 for service in Kuwait, which is a period of 11 months and 24 days. The applicant's Enlisted Record Brief shows he was awarded the Afghanistan Campaign Medal with one campaign star and his deployment orders show he was deployed to Kandahar, Afghanistan in support of Operation Enduring Freedom with a proceed date of 29 May 2009. The applicant's military pay records and deployment...