IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005428 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 foreign service in Afghanistan. 2. The applicant states he served in Afghanistan but it is not shown on his DD Form 214. 3. The applicant provides his DD Form 214, DA Form 199 (Physical Evaluation Board (PEB) Proceedings), two orders, VA Form 21-526 (Application for Disability Compensation and Related Compensation Benefits), and a letter, dated 10 June 2015. 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’s records show he enlisted in the Regular Army on 11 May 2001 and he held military occupational specialty (MOS) 92F (Petroleum Supply Specialist). 3. He provides a DA Form 199, dated 20 December 2004, wherein it shows he went before a PEB on that date and was found unfit to perform the duties required of his MOS based on the disabling condition of asthma. This form shows the onset of the condition occurred in Afghanistan and was aggravated by cold weather and exertion. 4. He was honorably retired on 4 February 2005 by reason of temporary disability and he was placed on the Temporary Disability Retired List (TDRL). 5. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal 6. Item 18 (Remarks) of his DD Form 214 is void of an entry showing he served in Afghanistan 7. On 7 July 2015, by email, an official with the Defense Finance and Accounting Service (DFAS) verified the applicant received Hostile Fire/Imminent Danger Pay for service in Afghanistan from 25 September 2002 to 4 March 2003. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents) states in item 12f of the DD Form 214 enter the total amount of foreign service a Soldier had during the period covered by the DD Form 214. For an active duty Soldier deployed to a foreign country with his or her unit enter in item 18 enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant served in Afghanistan from 25 September 2002 to 4 March 2003 as verified by DFAS. He meets the criteria for correction of his DD Form 214 to show this foreign service. 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 amending his DD Form 214 by adding to item 18 the entry “SERVICE IN AFGHANISTAN 20020925-20030304.” _______ _ 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) AR20150005428 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005428 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1