BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150004908 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 deployment to Iraq and his pay grade as specialist (SPC)/E-4. 2. He states he served in Iraq for 1 year (2008 to 2009). He also states he was promoted "back" to SPC prior to his discharge. 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 28 March 2006. 3. A DA Form 2627 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)), dated 12 March 2010, show he was reduced from SPC/E-4 to private first class (PFC)/E-3. 4. On 14 June 2011, the separation authority approved a recommendation for discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, by reason of misconduct and directed that he be issued a general under honorable conditions discharge. The memorandum listed his rank as PFC. He was discharged accordingly. 5. The applicant's record is void of any evidence that shows he was promoted to SPC prior to his discharge. 6. His DD Form 214 shows he was discharged on 11 July 2011 and credited with completing 4 years, 2 months, and 13 days of active duty service. It also shows in: * Item 4a/4b (Grade, Rate or Rank/Pay Grade) – PFC/E-3 * Item 12f (Foreign Service) – "00 00 00" * Item 12i (Effective Date of Pay Grade) – 12 March 2010 * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with one campaign star * Overseas Service Ribbon * Combat Action Badge * Item 18 (Remarks) – no entry concerning service in Iraq 7. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 7 December 2008 to 9 September 2009 for Kuwait, which equates to 9 months and 3 days. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4, requires the preparer to enter the total amount of foreign service completed from the Enlisted/Officer 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 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. DFAS verified he received hostile fire pay/imminent danger pay and a combat zone tax exemption from 7 December 2008 to 9 September 2009 for Kuwait. DFAS commonly recorded the place of deployment as Kuwait (the place of initial arrival in theater) without updating their records to show the final place of deployment (i.e., Iraq). His statement and the award of the Iraq Campaign Medal are accepted as evidence that he actually served in Iraq. His service in Iraq equated to 9 months and 3 days. 2. The evidence of record shows the applicant was reduced from SPC/E-4 to PFC/E-3 on 12 March 2010. Further, his approved separation document show his rank as PFC. There is no evidence and he did not provide any to show he was promoted again prior to his discharge date of 11 July 2011. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X______ ___X_____ _X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "00 00 00" and replacing it with the entry "00 09 03" and b. adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20081207 TO 20090909." 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his rank. _________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) AR20150004908 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004908 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1