BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013385 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013385 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________ 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. BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013385 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 reflect his correct dates of service in Iraq. 2. The applicant states his dates of service, as listed on his DD Form 214, are incorrect. His Noncommissioned Officer Evaluation Reports (NCOER) from the 202nd military Intelligence Battalion and 1st Battalion, 94th Field Artillery, verify the dates of service in Iraq. Additionally, his award of the Army Commendation Medal also verifies the dates of service in Iraq. 3. The applicant provides: * DD Form 214 * NCOER for the rating period ending in September 2004 * NCOER or the rating period ending in September 2003 * Army Commendation Medal Certificate 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 21 August 1992 and he held military occupational specialty 92G (Food Service Specialist). 3. He was honorably discharged on 7 April 2005. His DD Form 214 shows completion of 12 years, 7 months, and 17 days of active service. It also shows: * Item 12f (Foreign Service), "0001-06-04" * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal (4th Award) * Army Achievement Medal (4th Award) * Army Good Conduct Medal (4th Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Southwest Asia Service Medal * NCO Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon * Driver and Mechanic Badge with Driver-W Bar * Item 18 (Remarks), the entries "Service in Iraq 20030304 to 20030908 and 20040107 to 20050107" 4. He provides: a. NCOER for the rating period 1 February 2003 through 30 September 2003 that shows he was assigned to the 1st Battalion, 94th Field Artillery, in support of the 1st Armored Division forward-deployed in Baghdad, Iraq. b. NCOER for the rating period 1 October 2003 through 30 September 2004, that shows he was assigned to the 202nd Military Intelligence Battalion at Camp Slayer, Iraq, in support of Operation Iraqi Freedom II. c. Permanent Orders Number 265-02, issued by Headquarters, 504th Military Intelligence Brigade, awarding him the Army Commendation Medal for service during Operation Iraqi Freedom from 7 January 2004 to 20 December 2004. 5. An email from the Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 6 May 2003 to 11 September 2003 and from 9 January 2004 to 6 January 2005 for service in Kuwait. REFERENCE: 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: 1. The applicant contends his dates of service in Iraq are incorrectly listed on his DD Form 214: a. His DD Form 214 lists the dates as 4 March 2003 to 8 September 2003 and 7 January 2004 to 7 January 2005. b. He contends, in effect, that the correct dates are what is reflected on his NCOERs (1 February 2003 to 30 September 2003) and his Army Commendation Medal Certificate (7 January 2004 to 20 December 2004). c. His pay records at DFAS confirm he received HF/IDP and CZTE from 6 May 2003 to 11 September 2003 and from 9 January 2004 to 6 January 2005. 2. There are substantial discrepancies between his personnel and pay records as far as his deployment dates are concerned. Without additional evidence, it is not possible to establish his exact dates of service in Kuwait/Iraq. 3. If the applicant can submit additional evidence such as his deployment and redeployment orders, PERSTEMPO Individual Event History Listing, and/or other documents confirming his exact dates of service in Kuwait/Iraq, he may resubmit his application to this Board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013385 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013385 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2