IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140013837
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) to show his deployment dates.
2. The applicant states he mistakenly thought that because he was in special operations his deployment dates would not be shown.
3. The applicant provides:
* Enlisted Record Brief (ERB)
* Soldier Deployment History Outprocessing Report
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 April 2003. After completing initial training, he was awarded military occupational specialty 11B (Infantryman).
3. He was honorably released from active duty on 7 April 2007.
a. Item 12c (Net Active Service This Period) of his DD Form 214 shows 4 years and 1 day creditable active service.
b. Item 12f (Foreign Service) shows no foreign service.
c. Item 18 (Remarks) contains the comment "served in a designated imminent danger pay area//(Need PERSTEMPO)," referring to the personnel tempo document which would validate deployment dates.
4. In his official military personnel file (OMPF) is a Noncommissioned Officer Evaluation Report (NCOER) for the period 1 December 2005 through 30 November 2006. His principal duty title is shown as Team Leader. In Part IV ((Rater) Values/NCO Responsibilities), item d (Leadership) are the following bullets:
* demonstrated absolute tactical proficiency in Stryker Vehicle operations while serving as vehicle commander on 50 combat operations during Operation Iraqi Freedom (OIF) VI
* led Anti-Tank team on 6 air assault raids in support of the Global War on Terrorism during the rated period
* successfully led fire team on over 90 direct action raids and captured numerous enemy personnel during OIF V
5. His records contain an ERB, dated 6 April 2007, which shows in Section I, Overseas/Deployment Combat Duty, the applicant deployed to Iraq on three occasions, for a nonconsecutive period of 9 months and 16 days:
* 28 March 2004 to 6 July 2004
* 5 October 2005 to 6 January 2006
* 4 July 2006 to 8 October 2006
6. The applicant provides a Soldier Deployment History Outprocessing Report, dated 27 March 2007, showing his deployment dates as:
* 28 March 2004 to 6 July 2004
* 5 October 2005 to 6 January 2006
* 4 July 2006 to 8 October 2006
7. Army Regulation 635-8 (Separation Processing and Documents) requires the inclusion of deployment dates in item 18 of the DD Form 214. Item 12f will show the total amount of service performed outside the continental United States.
DISCUSSION AND CONCLUSIONS:
The applicant requests his dates of deployment be reflected on his DD Form 214 for the period ending 7 April 2007. His records show he was deployed to Iraq on three occasions. Army Regulation 635-8 requires these dates to be included and they were left off apparently because the dates may not have been available when he was released from active duty. It would be appropriate to add the dates of deployment to his DD Form 214.
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 for the period ending 7 April 2007 to show in:
* item 12f, "0000/09/16"
* item 18, "Service in Iraq from 20040328-20040706, 20051005-20060106, 20060704-20061008"
_______ _ _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) AR20140013837
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ABCMR Record of Proceedings (cont) AR20140013837
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