BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001208 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: 16 May 2017 DOCKET NUMBER: AR20160001208 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: 16 May 2017 DOCKET NUMBER: AR20160001208 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was deployed to Kuwait/Iraq. 2. The applicant states he was in the war at Camp Pennsylvania. He was assigned to the 2nd Battalion, 327th Infantry Regiment. Because he never had to use his DD Form 214, he did not notice the omission until it was needed by the Department of Veterans Affairs (VA). He needs his DD Form 214 corrected so as to obtain VA benefits. 3. The applicant provides no additional documentation. 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. On 28 January 1993, the applicant enlisted in the Regular Army. He was trained as an indirect fire infantryman. 3. Records show the applicant departed Fort Hood, Texas on 6 June 1996 for duty in the Republic of Korea where he was assigned to Company C, 1st Battalion, 506th Infantry Regiment, 2nd Infantry Division. He completed a 1-year tour of duty and returned to the United States on or about 24 June 1997. 4. The applicant’s available military personnel records do not provide his assignment history from June 1996 until his discharge in 2004. 5. On 24 February 2004, the applicant was honorably discharged due to a physical disability. His DD Form 214 shows: a. His last duty assignment was with Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry Regiment, located at Fort Campbell, Kentucky. b. His Record of Service includes 1 year of foreign service. c. The Remarks block does not include any information pertaining to deployments 6. A review of Defense Finance and Accounting Service (DFAS) records for 2003 and 2004 failed to show that the applicant received either hostile fire pay or hazardous duty pay during 2003 and 2004. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the current period of active duty. It further provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 2. An unofficial historical report from the internet stated that in early 2003 the entire 101st Airborne Division deployed to Kuwait in support of Operation Iraqi Freedom. The 1st Brigade Combat Team included the 327th Infantry Regiment. Its support elements prepared for battle at Camp Pennsylvania. The majority of the 327th Infantry Regiment later shifted to Camp Udairi, Kuwait. From there, it conducted a massive air assault into southern Iraq while other Soldiers crossed the Kuwaiti-Iraqi border in a massive ground assault convoy maneuver. Once in Iraq, the 327th Infantry Regiment encountered heavy to light resistance from both fleeing Iraqi Soldiers as well as the Fedayeen Saddam and other less organized fighters. The 327th fought through An Najaf, Al Kufa, Karbala, Baghdad, and then headed north to conduct stability and security operations in Qayyarah West and Mosul or Al Mawsil. In early 2004, they returned to the United States and were redeployed to Iraq in the fall of 2005. Their third OIF deployment to Iraq was in 2007-2008. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing he deployed to Kuwait/Iraq so he can obtain VA benefits. 2. The available personnel service records show the applicant completed a 1-year tour of duty in the Republic of Korea; but does not indicate he was ever deployed to Iraq/Kuwait. His DD Form 214 ending in 2004 shows his last duty assignment was with the 327th Infantry Regiment when he was discharged at Fort Campbell, Kentucky. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001208 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2