BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110005736 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 deployed overseas service. 2. The applicant states he was deployed during the period 14 January to 7 July 2003 during Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF). 3. The applicant provides: * his DD Form 214 * a Service Member Deployment History Outprocessing Verification printout * Orders 013-04, issued by Headquarters, 13th Corps Support Command, Fort Hood, TX, dated 13 January 2003 * an extract of Headquarters Service Company (HSC) and A Company, 62nd Engineer (EN) Battalion (BN) Returned Personnel listing as of 13 August 2003 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 2 September 1999. He was trained in and awarded military occupational specialty 62E (heavy construction equipment operator). 3. Orders 013-04, dated 13 January 2003, show his unit received temporary change of station orders to Kuwait effective on or about 14 January 2003. 4. A Service Member Deployment History Outprocessing Verification printout, dated 6 November 2003, shows the applicant was present for duty in a named war operation during the period 14 January to 7 July 2003. 5. An HSC and Company A, 62d EN BN, Returned Personnel listing provided by the applicant shows he deployed to Kuwait on 14 January 2003 and returned from deployment on 7 July 2003. 6. He was released from active duty on 20 December 2003 after completion of required active service. He completed 4 years, 3 months, and 19 days of creditable active service this period. 7. Item 12f (Foreign Service) of his DD Form 214 shows no foreign service. Item 18 (Remarks) does not show his deployed service. 8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including 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; 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: Permanent Orders 013-04, a Service Member Deployment History Outprocessing Verification printout, and a Returned Personnel listing provided by the applicant show he deployed to Kuwait during the period 14 January to 7 July 2003. Therefore, his DD Form 214 should be corrected by showing he completed 5 months and 24 days of foreign service and that he served in Kuwait from 14 January through 7 July 2003. 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 from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 05 24" and b. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030114 - 20030707." _________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) AR20110005736 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005736 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1