IN THE CASE OF:  	  

		BOARD DATE:  3 November 2015	  

		DOCKET NUMBER:  AR20150004225 


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 show his proper dates of service in Iraq.

2.  The applicant states:

	a.  The dates he served in Iraq during Operation Iraqi Freedom are incorrect.  He was there for 10 months, not 2 months.

	b.  The dates of service in a combat zone must be accurate in order to substantiate engagements with the enemy and improvised explosive devices (IEDs).

	c.  The Department of Veterans Affairs has diagnosed him with post-traumatic stress disorder, but he was denied a diagnosis of traumatic brain injury because he cannot document with verification the dates he encountered IEDs.

3.  The applicant provides a copy of 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 6 September 2001 and trained as a radio operator maintainer.

3.  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 4 April 2003 to 1 June 2003.

4.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 5 April 2003 through 25 January 2004, a total of 9 months and 21 days.

5.  On 5 September 2005, he was honorably released from active duty.

6.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 month and 28 days of foreign service.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation provided that for item 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his dates of service in Iraq are incorrect as shown on his DD Form 214 appears to have merit.

2.  His DD Form 214 shows he served in Iraq from 4 April 2003 to 1 June 2003, a total of 1 month and 28 days.  However, DFAS records confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service from 5 April 2003 through 25 January 2004, a total of 9 months and 21 days.  Therefore, items 12f and 18 of his DD Form 214 should be corrected to show his service in Kuwait/Iraq from 5 April 2003 to 25 January 2004.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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:

	a.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0000  09  21" and

	b.  deleting the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030404 TO 20030601" from item 18 of his DD Form 214 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030405-20040125."



      _______ _   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)                                         AR20150004225



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ABCMR Record of Proceedings (cont)                                         AR20150004225



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