IN THE CASE OF:	  

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20110025076 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 18 (Remarks) that he served in Kuwait/Iraq from 20050116 – 20060109. 

2.  The applicant states that his DD Form 214 reflects in block 18 that he served in from Kuwait 20050116 – 20060109.  However, he was in Kuwait during the first and last month of his tour, but the rest of his tour was served in Iraq. 

3.  The applicant provides copies of his DD Form 214, deployment orders, and a DA Form 638 (Recommendation for Award) of the Army Commendation Medal (ARCOM) for service in Iraq. 

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 13 June 2002 for a period of 3 years.

3.  He deployed to Kuwait and Iraq during the periods of 20030108 – 20030714 and 20050116 – 20060109.  He was awarded the ARCOM for meritorious service in Iraq during the period 15 January to 31 December 2005.

4.  On 30 April 2006, he was honorably released from active duty (REFRAD) due to completion of required service.  His DD Form 214 issued at the time of his REFRAD reflects in block 18 “Service in Kuwait 20050116-20060109.”

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  While the exact dates the applicant served in Kuwait and Iraq cannot be determine, the available evidence does establish that he served in both countries.

2.  Accordingly, the entry in block 18 of his DD Form 214 should show service in "Kuwait/Iraq 20050116 – 20060109."

BOARD VOTE:

___X____  ___X__ _  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending block 18 of his DD Form 214 as follows:

   a.  deleting the entry “SERVICE IN KUWAIT 20050116 – 20060109”; and
 
b.  adding the entry “SERVICE IN KUWAIT/IRAQ 20050116 – 20060109.” 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20110025076



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110025076



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1