BOARD DATE:  7 April 2016

		DOCKET NUMBER:  AR20150009416


BOARD VOTE:

__x_______  __x____  ____x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		BOARD DATE:  7 April 2016

		DOCKET NUMBER:  AR20150009416


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 amending item 12f of his DD Form 214 to show his foreign service as 2 years, 1 month, and 13 days.



                                    __________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.



		BOARD DATE:  7 April 2016

		DOCKET NUMBER:  AR20150009416


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 total foreign service.

2.  The applicant states:

* item 12f (Foreign Service) of his DD Form 214 is inconsistent with the foreign service listed in item 18 (Remarks)
* he did not pay attention to his DD Form 214 when he was out-processing because he was retained in the Army for 555 days beyond his actual discharge date due to stop loss and he wanted nothing more than to be discharged

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 8 May 2003.

3.  On 11 November 2008, he was honorably released from active duty.  His DD Form 214 shows in:

* item 12f – 11 months and 19 days
* item 30 – "SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20050120-20060108//SERVICE IN IRAQ 20070510-20080703"

REFERENCES:

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.  The instructions stated for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Enlisted Record Brief.

DISCUSSION:

It appears an administrative error occurred in recording the applicant's foreign service during preparation of his DD Form 214.  He was deployed to Iraq from 20 January 2005 through 8 January 2006, a period of 11 months and 19 days.  He was again deployed to Iraq from 10 May 2007 through 3 July 2008, a period of 1 year, 1 month, and 24 days.  Item 12f of his DD Form 214 shows his total foreign service as 11 months and 19 days (equal to his first deployment).

//NOTHING FOLLOWS//


ABCMR Record of Proceedings		                                       AR20150000953





Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	@#!CASENUMBER



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150009416



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2