IN THE CASE OF: BOARD DATE: 26 August 2009 DOCKET NUMBER: AR20090000928 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, that his period of overseas service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. 2. The applicant states the dates of his overseas service are not correct; he served overseas for 13 months. 3. The applicant provides no additional supporting 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. The applicant served on active duty from 6 February 2001 through 5 February 2005. 3. The applicant's iPERMS (integrated Personnel Electronic Records Management System) file is incomplete. There is no notation of his duty assignments or dates of foreign service. 4. Furthermore, the applicant's DA Form 2-1, (Personnel Qualification Record) ends for all purposes with entries made in late 2001. 5. His DD Form 214 shows the following pertinent information: a. at block 12f (Foreign Service), 5 months and 12 days; b. At block 18 (Remarks) service in designated Imminent Danger Pay area with service in Operation Iraqi Freedom (Iraq) from 19 March 2003 through 31 August 2003; and c. his authorized awards are recorded as the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge. 6. A review of the applicant's pay records shows he received hostile fire pay for the period 1 April 2003 through 31 March 2004 in Kuwait. 7. Army Regulation 635-5 (Separation Documents) provides the following pertinent directions for completing the DD Form 214: a. in Block 12f (Foreign Service), enter the total amount of foreign service completed during the period covered is to be listed; and b. at Block 18 (Remarks), entry of the following statement is mandatory for denoting foreign service in an area for which hostile fire pay or imminent danger pay is authorized: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant states the dates of his foreign service are not correct, he served overseas for 13 months. 2. Based on the best available information, the applicant is shown to have served in both Kuwait and Iraq during Operation Iraqi Freedom for the combined period from 19 March 2003 through 31 March 2004. 3. Based on this information, it is appropriate to correct the DD Form 214 to show: a. at block 12f (Foreign Service ), 1 year and 13 days; and b. at block 18 (Remarks), "SERVICE IN KUWAIT AND IRAQ FROM 19 MARCH 2003 THROUGH 31 MARCH 2004 IN SUPPORT OF OPERATION IRAQI FREEDOM." BOARD VOTE: ____X____ _____X___ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 showing: a. at block 12f (Foreign Service ), 1 year and 13 days; and b. at block 18 (Remarks), "SERVICE IN KUWAIT AND IRAQ FROM 19 MARCH 2003 THROUGH 31 MARCH 2004 IN SUPPORT OF OPERATION IRAQI FREEDOM." _______ _ _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) AR20090000928 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090000928 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1