IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150001373
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 he served in Afghanistan in support of Operation Enduring Freedom (OEF).
2. The applicant states that due to administrative error, an entry pertaining to his service in Afghanistan was omitted from his DD Form 214.
3. The applicant provides copies of his deployment orders and 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. On 17 December 1982, the applicant was appointed as a Regular Army commissioned officer, in the rank of second lieutenant, and detailed to the Medical Service Corps. He had prior honorable active duty service from
3 January 1983 through 31 July 1988.
3. He was ordered to active duty in the rank of captain on 10 December 1991. He continued to serve on active duty and attained the rank of lieutenant colonel on 1 November 2004.
4. A DA Form 67-9 (Officer Evaluation Report), covering the period 6 January 2007 through 15 April 2007, shows the applicant served as Physical Therapist, Combined Joint Special Operations Task ForceAfghanistan, Bagram Airfield, Afghanistan.
5. The applicant's DD Form 214 shows he was honorably retired from active duty on 31 August 2011 and transferred to the U.S. Army Reserve Control Group (Retired).
a. He had completed 19 years, 8 months, and 21 days of net active service during this period; 5 years, 7 months, and 14 days of total prior active service; and 2 years, 6 months, and 16 days of total prior inactive service.
b. It also shows in:
(1) item 12 (Record of Service), block f (Foreign Service): 0 years, 0 months, and 0 days; and
(b) item 18 (Remarks), no entry that he deployed to a foreign country during this period of active service.
6. In support of his application the applicant provides a copy of Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, TX, Orders 352-1100, dated 18 December 2006, that shows he was ordered to report to Fort Benning, GA, on 6 January 2007, for medical processing prior to deploying to Afghanistan in support of OEF.
7. The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 15 January 2007 through 15 April 2007 for service in Kuwait.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It states for:
a. item 12, block f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
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. Based on the available evidence of record, it is reasonable to conclude that the applicant served in Southwest Asia (SWA) during the period 15 January 2007 to 15 April 2007.
2. A calculation of this period of overseas service shows:
2007 04 15 date of redeployment
- 2007 01 15 date of deployment
= 00 03 00
+ 1 day inclusive
= 00 03 01 total foreign service Afghanistan/Kuwait
3. Item 12, block f, and item 18 of the applicant's DD Form 214 do not show his service in SWA.
4. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his overseas deployment/foreign service in Afghanistan/Kuwait, as recommended 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:
a. deleting the current entry from item 12, block f of his DD Form 214 and replacing it with the entry "0000 03 01"; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN/KUWAIT FROM 20070115-20070415."
_______ _ 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) AR20150001373
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ABCMR Record of Proceedings (cont) AR20150001373
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