IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005211 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) for the period ending 21 May 2010 to show his foreign service and awards and decorations associated with his deployment to Iraq. 2. The applicant states he was deployed to Iraq and the appropriate awards and decorations should be listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * U.S. Army Human Resources Command (HRC) Orders M-12-806336, dated 15 December 2008 * Camp Shelby Joint Forces Training Center Orders 254-501, dated 11 September 2009 * Coalition Forces Land Component Command Individual Out-Processing Checklist, dated 27 November 2009 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 California Army National Guard (CAARNG) on 23 December 2002. 3. On 10 March 2005, he was discharged by reason of erroneous enlistment or extension. His service was uncharacterized. 4. On 14 April 2005, he again enlisted in the CAARNG. 5. On 1 September 2006, he was discharged under honorable conditions from the CAARNG due to unsatisfactory participation and he was transferred to the U.S. Army Reserve Control Group (Annual Training). 6. HRC Orders M-12-806336, dated 15 December 2008, ordered him to active duty for 25 days for mobilization processing in support of Operation Iraqi Freedom. 7. HRC Orders C-04-907157, dated 7 April 2009, released him from assignment to the U.S. Army Reserve Control Group (Annual Training) and assigned him to Detachment 1, 324th Military Police Battalion. 8. U.S. Army Combined Arms Support Command and the Sustainment Center of Excellence Orders 222-00232, dated 10 August 2009, deployed him on a temporary change of station to Camp Shelby, MS, in support of Operation Iraqi Freedom for a period not to exceed 400 days. 9. He provided a copy of Camp Shelby Joint Forces Training Center Orders 254-501, dated 11 September 2009, that directed his temporary change of station deployment to Logistics Support Area, Camp Adder, Iraq, with a proceed date of 13 September 2009. 10. He also provided a Coalition Forces Land Component Command Individual Out-Processing Checklist that shows he was at Tallil, Iraq, on 27 November 2009. 11. A DA Form 4187 (Personnel Action), dated 31 December 2009, shows his status changed from present for duty to absent without leave (AWOL) on 24 December 2009. This form also shows he failed to report to the debarkation point on 24 December 2009 and that he was possibly AWOL in Fresno, CA. 12. On 23 January 2010, his status changed from AWOL to dropped from the unit rolls. 13. A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 23 January 2010, shows he was assigned to Headquarters and Headquarters Company, 36th Sustainment Brigade, at the time he was AWOL. This form also shows his home of record as Fresno, CA. 14. On 9 March 2010, he was apprehended by civil authorities in Fresno, CA, and he was returned to military control at Fort Sill, OK. His status was changed to present for duty. 15. On 15 March 2010, his status was changed from present for duty to AWOL. 16. On 27 April 1010, he surrendered to military authorities at the Naval Air Station Lemoore, Lemoore, CA. 17. On 6 May 2010, he was assigned to the Personnel Control Facility, Fort Sill, OK. 18. On 7 May 2010, charges were preferred against him for: * being AWOL from on or about 24 December 2009 until on or about 9 March 2010 * being AWOL from on or about 15 March 2010 until on or about 27 April 2010 19. On 7 May 2010, he was interviewed by the Personnel Control Facility First Sergeant. He indicated he was AWOL due to family issues and he did not desire to remain on active duty. 20. On an unknown date, he consulted with counsel who advised him of the basis for his contemplated trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge; the effects of requesting discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 10; and the rights available to him. 21. After consulting with counsel, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. He acknowledged his guilt and: * he understood he could be discharged under other than honorable conditions * he would be deprived of many or all Army benefits and he would be ineligible for many or all benefits administered by the Department of Veterans Affairs as a result of such a discharge * he could be deprived of his rights and benefits as a veteran under Federal and State laws * he could expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions * he did not elect to submit a statement in his own behalf * he declined a physical evaluation prior to his separation 22. On 12 May 2010, his commanding officer recommended approval of his request with the issuance of a discharge under other than honorable conditions. His case was found legally sufficient for processing. 23. On 19 May 2010, the separation authority approved the applicant's request and directed characterization of his service as under other than honorable conditions and his reduction from the rank/grade of private first class/E-3 to the rank/grade of private/E-1. 24. On 21 May 2010, he was discharged accordingly. His DD Form 214 shows in: * item 12f (Foreign Service) – 0000  00  00 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Service Ribbon * item 18 (Remarks) – no deployed service 25. His Master Military Pay Account records maintained by the Defense Finance and Accounting Service are not available for review. 26. His records are void of and he failed to provide orders or documentary evidence of his departure date from Iraq. 27. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. For an active duty Soldier deployed with his or her unit during their continuous period of active service, the instructions specified to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 for the period ending 21 May 2010 to show his foreign service and appropriate awards and decorations for his service in Iraq was carefully considered. 2. The evidence of record shows he was deployed on a temporary change of station to Logistics Support Area, Camp Adder, Iraq. The evidence also shows he was at Tallil, Iraq, on 27 November 2009. 3. His Master Military Pay Account records are not available for review. Further, his records are void of and he failed to provide sufficient evidence showing his actual arrival and departure dates for his service in Iraq to properly determine possible authorized awards or establish his period of foreign service and deployment time in Iraq. 4. In view of the foregoing evidence, there is an insufficient basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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) AR20150005211 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005211 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1