IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011615
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Southwest Asia in 2007.
2. The applicant states his deployment in 2007 is not shown on his DD Form 214.
3. The applicant provides a copy of Orders 300-10, Fort Bragg, NC, dated
27 October 2006 with a personnel listing.
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 8 July 1992, the applicant enlisted in the Regular Army. He served through a series of reenlistments and attained the rank of sergeant first class, pay grade E-7.
3. Orders 300-10, Fort Bragg, NC, dated 27 October 2006, as provided by the applicant, show he was ordered to deploy to Southwest Asia effective on or about 12 January 2007.
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 8 January 2007 to 14 April 2008 for service in Afghanistan.
5. On 31 October 2012, the applicant was retired due to sufficient length of service. The remarks block of his DD Form 214 does not show his period of deployment in 2007-2008.
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. It provided that Item 18 would contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected to show his deployment in 2007 to Southwest Asia.
2. Permanent orders and DFAS records indicate that the applicant was deployed to Afghanistan from 8 January 2007 to 14 April 2008. Therefore, the remarks block of his DD Form 214 should show this deployed service.
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 adding to Item 18 of his DD Form 214 the entry: "SERVICE IN AFGHANISTAN FROM 20070108 20080414."
___________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) AR20140000790
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ABCMR Record of Proceedings (cont) AR20140011615
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