IN THE CASE OF: BOARD DATE: : 5 January 2017 DOCKET NUMBER: AR20150014571 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150014571 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. IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150014571 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 he performed convoy missions in Iraq. 2. The applicant states that he deployed from Fort Sill, OK, with B Battery, 5th Battalion, 3rd Field Artillery (FA), and was stationed in Kuwait during 2005 – 2006. He performed convoy missions in Iraq; however, this information is not recorded on his DD Form 214. 3. The applicant provides a copy of his deployment orders. 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 29 December 2004 for a period of 3 years. He was award military occupational specialty 13P (Multiple Launch Rocket System (MLRS)/Fire Direction Specialist). 3. Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, Permanent Orders 214-026, dated 2 August 2005, deployed the applicant on a temporary change of station in support of Operation Iraqi Freedom on or about 7 November 2005. The orders show he was to be assigned to B Battery, 5th Battalion, 3rd FA, Iraq. 4. A DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 30 March 2006, in pertinent part, shows the applicant was assigned to B Battery, 5th Battalion, 3rd FA, Camp Arifjan, Kuwait. 5. Headquarters, 28th Transportation Battalion, Camp Arifjan, Kuwait, memorandum, dated 12 June 2006, subject: Request Release from Theater, shows the commander recommended approval of the applicant's release from the theater. 6. The applicant's DD Form 214 shows he was discharged on 27 June 2006 under honorable conditions under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, based on misconduct (serious offense). He had completed 1 year, 5 months, and 29 days of total active service this period. It also shows, in pertinent part, in: * item 8a (Last Duty Assignment and Major Command): B Battery (MLRS), 5th Battalion, 3rd FA,; U.S. Army Forces Command * item 12 (Record of Service), block f (Foreign Service): 7 months, 17 days * item 18 (Remarks) – * Served in a designated imminent danger pay area * Service in Kuwait from 31 October 2005–17 June 2006 7. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 31 October 2005 through 18 June 2006 for Kuwait. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It shows for: a. item 12, block f, enter the total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period); and b. item 18, for an active duty Soldier deployed with his/her unit to a foreign country during their continuous period of active service enter: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show he performed convoy missions in Iraq. 2. Item 8a of the applicant's DD Form 214 shows he was assigned to B Battery (MLRS), 5th Battalion, 3rd FA, and item 18 shows he was stationed in Kuwait during the period 31 October 2005 through 18 June 2006. 3. The sincerity of the applicant's comments that he performed convoy missions in Iraq is not in dispute. a. There is no evidence of record that shows the applicant's unit deployed to Iraq during the period of service under review. b. There is no Army regulatory requirement to record the requested information (i.e., performance of convoy missions) on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014571 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014571 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2