BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20160018829 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 BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20160018829 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. deleting from item 12f (Foreign Service) the entry "0000  01  05" and replacing it with "0000  11  04," and b. deleting from item 18(Remarks) the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030324 TO 20030428" and replacing it with "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030215 TO 20040118." ______________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: 25 April 2017 DOCKET NUMBER: AR20160018829 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 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct dates of his deployment to Iraq. 2. He states he served in Iraq from 14 February 2003 to 19 January 2004. 3. He 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 29 May 2002. On 28 May 2005, he was honorably released from active duty. His DD Form 214 credits him with 3 years of active duty service and contains the following entries: a. Item 12f (Foreign Service) the entry "0000  01  05," b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge c. Item 18 (Remarks) "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030324 TO 20030428." 3. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption from 15 February 2003 to 18 January 2004 (11 months and 4 days) while assigned in Kuwait. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f. Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. DFAS confirmed the applicant served in Kuwait from 15 February 2003 to 18 January 2004. DFAS commonly recorded the place of deployment as Kuwait (the place of initial arrival in theater) without ever updating the individual's records to show the final place of deployment (i.e., Iraq or Afghanistan). The applicant's DD Form 214 confirms he actually served in Iraq. 2. His service in Iraq equates to 11 months and 4 days of foreign service, which is consistent with the dates the applicant requested. However, item 12f of his DD Form 214 lists his foreign service as 1 month and 5 days. Additionally, item 18 shows he served in Iraq from 24 March 2003 to 28 April 2003 instead of 15 February 2003 to 18 January 2004. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018829 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018829 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2