IN THE CASE OF:	  

		BOARD DATE:	        4 September 2008

		DOCKET NUMBER:  AR20080009506 


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 foreign service be added to item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests that the Combatives Trainer Course be added to 
item 14 (Military Education) of his DD Form 214.

2.  The applicant states that item 18 (Remarks) of his DD Form 214 shows he served in Egypt, Iraq, and Afghanistan; however, that time is not listed in item 12f.

3.  The applicant provides copies of his DD Form 214 and a Certificate of Training.

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 16 August 2000.

3.  The applicant was honorably released from active duty on 18 August 2004.

4.  Item 12f of the applicant’s DD Form 214 shows he completed no foreign service.

5.  Item 18 of the applicant’s DD Form 214 shows he served in the Sinai-Egypt from 7 July 2001 through 18 January 2002 (6 months and 12 days), in Iraq from 20 March 2003 through 10 June 2003 (2 months and 21 days), and in Afghanistan from 22 August 2003 through 17 January 2004 (4 months and 25 days).

6.  The applicant provided a Certificate of Training showing he completed the 
40-hour (i.e., 1-week) Combatives Trainer Course in June 2003.  Item 14 of the applicant’s DD Form 214 shows he completed this 1-week Combatives Trainer Course in 2003.  Therefore, this portion of the applicant’s request will not receive further consideration by this Board.

DISCUSSION AND CONCLUSIONS:

Item 12f of the applicant’s DD Form 214 should be amended to show he served 1 year, 1 month, and 18 days of foreign service as verified by the entries in item 18 of his DD Form 214.

BOARD VOTE:

___xx___  ___xx___  __xx____  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 item 12f of his DD Form 214 to show he served 1 year, 1 month, and 18 days of foreign service.



      _________xxxx____________
                 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)                                         AR20080009506





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ABCMR Record of Proceedings (cont)                                         AR20080009506



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