IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140007019
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 reflect his foreign service in item 12f.
2. The applicant states that he served in Iraq; however, there is no foreign service reflected in item 12f of his DD Form 214.
3. The applicant provides a copy of 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 bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 3 November 2005 for training as a cavalry scout. He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Fort Stewart, Georgia for his first and only assignment.
3. He deployed to Iraq on 16 January 2007 and on 4 July 2007 he reenlisted for a period of 6 years and a selective reenlistment bonus. He departed Iraq on 4 October 2007 after having served 8 months and 19 days of foreign service.
4. On 22 March 2009, he was retired under the provisions of Army Regulation 635-40 due to disability, temporary. He had served 3 years, 4 months and 20 days of active service and his DD Form 214 issued at the time of his retirement shows no foreign service in item 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicant served 8 months and 19 days of foreign service in Iraq and is entitled to have that information reflected on his DD Form 214.
2. Accordingly, his DD Form 214 should be corrected to show his foreign service in item 12f of his DD Form 214.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ 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 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 08 19 in item 12f of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140007019
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