BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150001643
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 was from 4 January 2009 to 18 December 2009 vice 4 January 2008 to 18 December 2008.
2. The applicant states his foreign service dates are wrong. He joined the Army on 28 January 2008 and his DD Form 214 shows he deployed on 4 January 2008. The days and months are correct but the years of his deployment needs to be changed.
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 30 January 2008. He completed initial entry training and was awarded military occupational specialty 12B (Combat Engineer).
3. An Army Commendation Medal (ARCOM) Certificate shows he was awarded the ARCOM for exceptionally meritorious as a combat engineer while deployed in support of Operation Iraqi Freedom from 4 January 2009 to 15 December 2009.
4. On 21 May 2011, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in item 18 (Remarks) the entry "SERVICE IN IRAQ 20080104 - 20081218."
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) 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 that 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)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not enlist in the Regular Army until 30 January 2008, therefore he could not have been serving in Iraq on 4 January 2008 as shown on his DD Form 214. Furthermore, he was awarded the ARCOM for his service in Iraq from 4 January 2009 to 15 December 2009.
2. It appears that an administrative error occurred during the preparation of his DD Form 214 that resulted in the listing of the wrong year of his deployment to Iraq.
3. It would be appropriate at this time to correct his DD Form 214 to show in item 18 the entry "SERVICE IN IRAQ FROM 4 January 2009 to 18 December 2009."
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 "SERVICE IN IRAQ 20080104 - 20081218" from item 18 of his DD Form 214, and
b. adding "SERVICE IN IRAQ FROM 20090104 to 20091218" 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) AR20150001643
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ABCMR Record of Proceedings (cont) AR20150001643
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