BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140012762
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he deployed to Iraq rather than Kuwait.
2. The applicant states that his DD Form 214 indicates he served in Kuwait from 29 April 2007 to 15 July 2008 when he actually served in Mosul, Iraq.
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 bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 8 August 2006. Upon completion of initial entry training he was awarded military occupational specialty 88H (Cargo Specialist).
3. Section I (Assignment Information - Overseas/Deployment Combat Duty) of the applicant's Enlisted Record Brief (ERB), dated 22 September 2010, shows the applicant served in Kuwait from 29 April 2007 to 15 July 2008, a period of 1 Year, 2 months, and 17 days. There is no indication that he served in Iraq.
4. On 10 November 2010, he was discharged under honorable conditions after completing 4 years, 3 months, and 3 days of active service. His DD Form 214 contains the following pertinent information:
a. Item 12f (Foreign Service) shows he completed a total of 1 year, 2 months, and 17 days of foreign service.
b. Item 18 shows he served in Kuwait from 29 April 2007 to 15 July 2008.
5. The Defense Finance and Accounting Service (DFAS) confirmed that he received hostile fire/imminent danger pay and combat zone tax exclusion for his deployment to Kuwait from 29 April 2007 to 14 July 2008.
6. A review of his available personnel service record failed to show any evidence and he did not provide any evidence that shows he ever served in Iraq.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to enter:
a. In item 12f, the total amount of foreign service completed during the period covered.
b. In item 18, 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 deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he served in Iraq instead of Kuwait was carefully considered and determined to lack merit.
2. Both his ERB and his DFAS master military pay account corroborate the entry on his DD Form 214 that indicates he deployed to Kuwait from 29 April 2007 to 15 July 2008. In the absence of evidence to the contrary, there is insufficient basis to warrant amending his DD Form 214 to show that he served in Iraq rather than Kuwait.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20140012762
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140012762
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002416
IN THE CASE OF: BOARD DATE: 9 SEPTEMBER 2014 DOCKET NUMBER: AR20140002416 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant provides copies of his Enlisted Record Brief (ERB), dated 24 July 2013, and his DD Form 214.
ARMY | BCMR | CY2011 | 20110016574
The applicant provides his DD Form 2900, Enlisted Record Brief (ERB), and DD Form 214. Section I (Assignment Information OS (Overseas Service)/Deployment Combat Duty) only shows he served in Iraq from 7 May 2009 - 12 April 2010. Additionally, his second period of overseas service is indicated in item 18 of his DD Form 214; however, his first period of foreign service from 3 September to 21 December 2007 is not.
ARMY | BCMR | CY2013 | 20130008814
b. Decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in on the DD Form 214. c. When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country) FROM (inclusive dates in YYYYMMDD format)" will be made in item 18. Therefore, the evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on...
ARMY | BCMR | CY2012 | 20120005431
BOARD DATE: 25 September 2012 DOCKET NUMBER: AR20120005431 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant contends that his DD Form 214 should show his correct foreign and combat service in Kuwait/Iraq. With respect to his deployed service, although the second period of service in Kuwait/Iraq from 17 March 2010 to 1 February 2011 is reflected in item 18 of his DD Form 214, the first period of service in Kuwait/Iraq from 27 December 2007 to 16 February 2009 is not.
ARMY | BCMR | CY2012 | 20120017402
His records contain a certificate, dated 23 September 2009, that shows he was awarded the Army Commendation Medal for meritorious service while assigned to the 1st Brigade Combat Team in support of Operation Iraqi Freedom from 2 February 2009 to 8 February 2010. However, his second period of service in Kuwait/Iraq from 10 February 2009 to 29 January 2010, a period of 11 months and 20 days, qualifies him for a second award of Overseas Service Ribbon and correction of his DD Form 214 to show...
ARMY | BCMR | CY2010 | 20100019835
The applicant requests, in effect, item 12f (Foreign Service) and item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her dates of foreign service during Operation Iraqi Freedom (OIF). The applicant states: * her dates of service during OIF were 26 January 2003 to 12 July 2003 * her foreign service was not entered on her DD Form 214 3. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100022948
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct dates of deployment in Iraq as from 28 May 2007 to 23 May 2008 and from 1 March 2009 to 12 February 2010. He states his DD Form 214 incorrectly shows his dates of deployment in Iraq as 2 June 2007 to 28 March 2008 and 3 March 2009 to 12 February 2010. As a result, the Board recommends denial of so much of the application that pertains to correcting his dates of...
ARMY | BCMR | CY2013 | 20130007060
Application for correction of military records (with supporting documents provided, if any). He provides: a. a DA Form 4187, dated 11 March 2004, showing he was recommended for award of the Purple Heart for a wound he received in action in Iraq on 12 February 2004 while assigned to Company D, 15th FSB, 1st Cavalry Division; b. medical records, dated 12 February 2004, showing he received medical treatment for his wound; and c. a DA Form 638 showing he was awarded the ARCOM for service in...
ARMY | BCMR | CY2011 | 20110000817
Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of OIF. The available evidence supports the applicant's request for correction of his DD Form 214 to show his service in Iraq. 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 entry "0000 00 00" and adding the entry "0000 10 23"; b. adding...
ARMY | BCMR | CY2013 | 20130002174
The applicant provides: * Permanent Orders 353-4, issued by Headquarters, III Corps, Fort Hood, dated 19 December 2003, with an attached list of deploying Soldiers * his Enlisted Record Brief (ERB), dated 23 February 2005 * his DD Form 214 * a letter from the Washburn County Veterans Service Office, dated 24 January 2013 CONSIDERATION OF EVIDENCE: 1. The DD Form 214 he was issued shows in: a. item 12f (Record of Service Foreign Service) the entry "0000 00 00"; b. item 13 (Decorations,...