BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140012063
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2009 to show his foreign service in Iraq from 3 September 2007 to 31 October 2008.
2. The applicant states his last combat tour in Iraq is not shown on his final DD Form 214.
3. The applicant provides three DD Forms 214, a page titled OS (Overseas) Tour Credits Listing, and orders.
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. Having had prior active and Reserve service, the applicant enlisted in the Regular Army on 10 March 2005 in the rank/grade of staff sergeant (SSG)/E-6.
3. He provides:
a. Orders 204-711, dated 23 July 2007, issued by Headquarters (HQ), U.S. Army Garrison, Fort Drum, Fort Drum, NY, wherein it shows he was assigned to the 10th Brigade Support Battalion (BSB), Fort Drum; he was being deployed in a temporary change of station (TCS) status in support of Operation Iraqi Freedom; and he would be assigned to the 10th BSB, U.S. Central Command area of responsibility, Iraq, effective on or about 4 September 2007.
b. A paged titled OS Tour Credits Listing, undated, wherein it shows, in part, he served in Iraq from 11 August 2005 to 19 July 2006 and in Iraq from 3 September 2007 to 31 October 2008.
4. He was honorably retired from active duty on 31 May 2009 in the rank of SSG and he was placed on the Retired List on 1 June 2009.
5. The DD Form 214 he was issued for this period of service, in part, shows in:
* item 12f (Foreign Service) that he had 11 months and 9 days of foreign
service
* item 18 (Remarks) that he served in Iraq from 11 August 2005 to 19 July
2006
6. His record contains Permanent Orders Number 248-007, undated, issued by HQ, 1st Brigade Combat Team (BCT), Iraq, awarding him the Army Commendation Medal for exceptionally meritorious service during the period 6 September 2007 to 23 November 2008 while assigned to the 10th BSB, 1st BCT, Iraq.
7. In an email, dated 4 August 2014, an official with the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire (HF)/imminent danger pay (IDP) for Kuwait for the period 4 September 2007 to 31 October 2008.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, stated for item 12f of the DD Form 214 to enter the total amount of foreign service a Soldier had during the period covered by the DD Form 214. For an active duty Soldier deployed to a foreign country with his or her unit enter in item 18 of the DD Form 214 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 for the period ending 31 May 2009 shows he had 11 months and 9 days of foreign service and he served in Iraq from 11 August 2005 to 19 July 2006. A DFAS official confirmed he received HF/IDP for his service in Kuwait from 4 September 2007 to 31 October 2008 (1 year, 1 month, and 28 days). The record shows his total foreign service during the period covered by this DD Form 214 was 2 years, 1 month, and 7 days.
2. His record contains orders that show he served in Iraq with the 10th BSB beginning on 6 September 2007. It is presumed he deployed with his unit to Kuwait on 4 September 2007 where his entitlement to HF/IDP was processed and the unit subsequently proceeded to Iraq. Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 May 2009 to show the total amount of his foreign service and the dates of his final tour of service in Kuwait/Iraq.
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 amending his DD Form 214 as follows:
* deleting the entry in item 12f and replacing it with the entry "0002 01 07"
* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20070904-20081031"
_______ _ 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.
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