BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000880 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: 6 June 2017 DOCKET NUMBER: AR20160000880 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 his DD Form 214 as follows: a. deleting the entry "0001  01  18" from item 12f and replacing it with the entry "0001  06  22," and b. deleting the entry "SERVICE IN AFGHANISTAN 20110613-20110929" from item 18 and replacing it with the entry "SERVICE IN AFGHANISTAN FROM 20110613-20120304." ___________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: 6 June 2017 DOCKET NUMBER: AR20160000880 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, in effect, correction DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct dates of his deployment to Afghanistan. 2. He states his return date from Afghanistan is incorrect. He adds he knows he returned from Afghanistan in March 2012. 3. He provides: * Orders HO-093-0607, dated 3 April 2011 with amendments, dated 29 September 2011 and 21 October 2011 * memorandum, subject: Request for Release from Theater for (Applicant), dated 22 February 2012 * memorandum, subject: Release from Theater, dated 25 February 2012 * Itinerary, dated 4 March 2012 * 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 17 August 2008. 3. He provides: a. Orders HO-093-0607, dated 3 April 2011 that show he was scheduled to deploy to Afghanistan in a Temporary Change of Station (TCS) status in support of Operation Enduring Freedom. His will proceed date was listed as 1 June 2011. b. A memorandum, subject: Request for Release from Theater for [Applicant], dated 22 February 2012 stated that the applicant has an expiration term of service (ETS) date of 16 June 2012. Therefore, request a release date with an effective date of 2 March 2012. c. A memorandum, subject: Release from Theater, dated 25 February 2012, approved the applicant's release from theater effective 2 March 2012. d. A flight Itinerary prepared for the applicant in Kuwait on 4 March 2012, which shows that he was tentatively scheduled to depart Dallas Fort Worth, TX on 5 March 2012 and arrive in Killeen, TX the same day. 4. The applicant's official military personnel file (OMPF) is void of a DA Form 2-1 (Personnel Qualification Record) or a complete Enlisted Record Brief (ERB) that verify his overseas and/or deployment history. 5. On 16 June 2012, he was honorably released from active duty and credited with completing 4 years of active duty service. His DD Form 214 shows in: * Item 12f (Foreign Service) the entry "0001 01 18" * Item 18 (Remarks) "SERVICE IN IRAQ 20090625 - 20100425" (10 months and 1 day) and "SERVICE IN AFGHANISTAN 20110613-20110929" (3 months and 17days) 6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 13 June 2011 to 4 March 2012 for Afghanistan (8 months and 21 days). REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted 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 (Remarks) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. DFAS confirmed the applicant served in Afghanistan from 13 June 2011 to 4 March 2012 (8 months and 21 days). Additionally, he served in Iraq from 25 June 2009 to 25 April 2010 (10 months and 1 day). Item 12f of his DD Form 214 lists his foreign service as 1 year, 1 month, and 18 days. However, his foreign service in Iraq and Afghanistan equates to 1 year, 6 months, and 22 days. 2. Additionally, item 18 shows he served in Afghanistan from 13 June 2011 to 29 September 2011 instead of 13 June 2011 to 4 March 2012. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000880 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000880 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2