IN THE CASE OF: BOARD DATE: 12 November 2014 DOCKET NUMBER: AR20140005632 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect: * deployment from 2006 through 2007 * training in California in 2006 * missing awards 2. The applicant states he applied for a contracting job for which he needs proof he deployed in 2006 and received training in California in 2006. Only upon applying for the contracting position was it brought to his attention that this information is missing on his DD Form 214. He also believes he is entitled to more awards than are reflected on his DD Form 214, although he is uncertain which ones. 3. The applicant provides 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 basis to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 22 November 2005. He completed training as an infantryman and was honorably discharged on 17 February 2010. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 and the addendum to block 13 list the following: * Army Commendation Medal * Army Good Conduct medal * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with Campaign Star (2nd Award) * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars * Army Lapel Button * Authorized Shoulder Sleeve Insignia for former Wartime Service * Overseas Service Bar 4. The applicant's record is void of and he does not provide evidence of entitlement to further awards. 5. Item 14 (Military Education) on his DD Form 214 lists the following: * Combat Lifesaver Course, 1 week, 2008 * Driver's Training Course, 2 weeks, 2008 * Infantryman Course, 16 weeks, 2006 6. The applicant's record is void of and he does not provide evidence of further training. 7. Item 18 (Remarks) on his DD Form 214 contains the entry "SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20081101-20090920//." Item 18 contains no reference to the applicant's 2006 deployment. 8. The Defense Finance and Accounting Service (DFAS) confirmed the applicant further received hostile fire and imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 8 August 2006 through 26 September 2007. 9. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in Item 18. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant served in Kuwait from 8 August 2006 through 26 September 2007. In accordance with the applicable regulation, his DD Form 214 should be amended to show his dates of deployment in Kuwait. 2. The available evidence does not show the applicant completed training in California in 2006 nor does it show entitlement to further awards beyond those listed on the DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 18 of his DD Form 214 the entry Service in Kuwait from 20060808-20070926. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a correction of the DD Form 214 to reflect 2006 training in California and additional awards. __________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) AR20140005632 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140005632 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1