IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150000328
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 foreign service in Iraq.
2. The applicant states his DD Form 214 does not show his deployment to Iraq and defers to his awards on his DD Form 214 as proof of his deployment.
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 applicant enlisted in the Regular Army on 8 November 2007. Upon completion of military training, he was awarded military occupational specialty 88M (Motor Transport Operator).
3. On 12 October 2011, the applicant was separated from active duty with an under honorable conditions (general) discharge, by reason of a pattern of misconduct. He had 3 years, 11 months, and 5 days of net active service. His DD Form 214 shows in:
a. Item 12f (Foreign Service) 0000 00 00.
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with Campaign Star
* Army Service Ribbon
* Overseas Service Ribbon
* Meritorious Unit Commendation
c. Item 18 (Remarks) no entry indicating he served in Iraq.
4. Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 13 December 2008 through 22 November 2009.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate. Chapter 2 contains specific guidance for preparation of the DD Form 214. It states for:
a. Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
b. Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS records confirmed he received HF/IDP and CZTE for service in Kuwait during the period 13 December 2008 through 22 November 2009, a period of
11 months and 10 days.
2. While DFAS records indicate his service was in Kuwait, most units were staged in Kuwait while preparing for subsequent operations in Iraq. His DD Form 214 indicates he was awarded an Iraq Campaign Medal with Campaign Star and a Meritorious Unit Commendation signifying most of this period of service was served in Iraq. Therefore, based on the foregoing, he is entitled to correction of his DD Form 214 to show this period of foreign 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 amending his DD Form 214 by:
* adding to item 12f, the entry "0000 11 10"
* adding to item 18, the entry "SERVICE IN KUWAIT/IRAQ FROM 20081213-20091122"
______________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) AR20130001395
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ABCMR Record of Proceedings (cont) AR20150000328
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