BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013217
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 deployment to Iraq be shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that item 18 is missing that required information. The applicant also requests that he be provided with a brief of his military service.
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 ABCMR is not the custodian of service records and does not prepare a brief of an individual's record except as this applies to an individual request for correction. This issue will not be further discussed.
3. The applicant served in the Regular Army from 26 September 2001 to 31 May 2005 as an artilleryman.
4. His record contains an Enlisted Record Brief (ERB) prepared on 28 January 2005. The ERB shows he was assigned to the 1st Battalion, 7th Field Artillery, in Germany beginning on 15 October 2002. It does not show overseas duty in Iraq or Kuwait.
5. His DD Form 214 shows his last duty assignment was with the 1st Battalion, 7th Field Artillery. This form does not show that he served in Kuwait or Iraq.
6. The Defense Finance and Accounting Service (DFAS) reports that the applicant received Hostile Fire/Imminent Danger Pay (HF/IDP) in Kuwait from 12 February 2004 through 5 February 2005.
7. Headquarters, Department of the Army, General Orders Number 2009-12, dated 16 December 2009, cited the 1st Battalion, 7th Field Artillery for award of the Valorous Unit Award for action on 9 November 2004.
8. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states: item 18 is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries. For an active duty Soldier who deployed with their unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was assigned to the 1st Battalion, 7th Field Artillery, from 15 October 2002 until his release from active duty on 31 May 2005. DFAS data shows the applicant received HF/IDP from 12 February 2004 through 5 February 2005 for Kuwait. DFAS does not specifically reflect service in Iraq for the applicant. However, Soldiers often first arrive in Kuwait and are authorized HF/IDP for that location prior to moving into Iraq. DFAS generally does not change a Soldier's records to reflect such a change in location.
2. General orders cited his unit of assignment for award of the Valorous Unit Award for 9 November 2004, a date when he contends he was in Iraq. It appears there is a sufficient evidentiary basis to show he served in both Kuwait and Iraq. As such, it would be appropriate to amend his DD Form 214 by showing he deployed to Kuwait and Iraq from 12 February 2004 through 5 February 2005 and addition of the Valorous Unit Award.
3. In view of the foregoing, it would be appropriate to correct the applicant's records as shown below.
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 the Valorous Unit Award to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* adding the entry "SERVICE IN IRAQ/KUWAIT FROM 20040212-20050205" to item 18 of his DD Form 214
_______ _ 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) AR20140013217
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ABCMR Record of Proceedings (cont) AR20140013217
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