IN THE CASE OF:  

		BOARD DATE:  16 June 2016

		DOCKET NUMBER:  AR20150011478


BOARD VOTE:

____x____  ___x___  ___x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:   

		BOARD DATE:  16 June 2016

		DOCKET NUMBER:  AR20150011478


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 deleting from item 18 the entry "Service in Iraq 20060113-20060212" and adding the entry "Service in Iraq 20060113-20070212." 



                                    _____________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.


		IN THE CASE OF:  

		BOARD DATE:  16 June 2016

		DOCKET NUMBER:  AR20150011478


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 correct dates of service in Iraq. 

2.  The applicant states he served in Iraq from 13 January 2006 to 12 February 2007, not 12 February 2006. 

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 bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 1 November 2002 and he held an infantry specialty. 
3.  He was honorably released from active duty on 29 May 2007.  Item 18 (Remarks) of his DD Form 214 shows the entries "Service in Iraq 20030519-20040720" and "Service in Iraq 20060113-20060212." 

4.  An email, dated 18 April 2016 from the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hazardous fire/imminent danger pay for service in Kuwait/Iraq from 13 January 2006 to 20 February 2007.

REFERENCES:

Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for block 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 YYYYMMDD - YYYYMMDD)."

DISCUSSION:

The available evidence shows the applicant served in Kuwait/Iraq from 13 January 2006 to 10 February 2007.  While the date of return listed on his DD Form 214 slightly differs from his DFAS pay record, the ending date, specifically the year, of his second tour in Iraq is incorrectly shown on the DD Form 214 as 2006 instead of 2007.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150011478



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150011478



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2