BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011949 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: 23 May 2018 DOCKET NUMBER: AR20160011949 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: a. deleting the entry, "//SERVICE IN PAKISTAN 20021219 – 20030719//" from item 18 of his DD Form 214; and b. adding to item 18 of his DD Form 214 the statements "SERVICE IN PAKISTAN 20011229 – 20020719." ______________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: 23 May 2018 DOCKET NUMBER: AR20160011949 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 the Army) to show his foreign service in Pakistan for the period 29 December 2001 through 19 July 2002 instead of 19 December 2002 through 19 July 2003. 2. The applicant states his DD Form 214 shows the dates of his service in Pakistan and Iraq overlap. 3. The applicant provides: * DD Form 214 * Certificate of Participation * Orders 361-00139 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 9 July 1993. 3. The applicant retired honorably on 30 April 2014. The DD Form 214 he was issued shows in item 18 (Remarks) the statement, "//SERVICE IN PAKISTAN 20021219 – 20030719//SERVICE IN IRAQ 20030321 – 20031219//." 4. There is no evidence in his available records, which show he deployed to Pakistan from 19 December 2002 through 19 July 2003. 5. The applicant provides: a. A Certificate of Participation from the Commander, Logistics Task Force 561, Operation Enduring Freedom, for service while deployed to Southwest Asia for the period January through July 2002. b. Orders 361-00139, issued by U.S. Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ, dated 27 December 2001, shows he was scheduled to deploy in support of Operation Enduring Freedom effective on or about 29 December 2001 for 365 days. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." DISCUSSION: 1. The actual dates of his service in Pakistan cannot be confirmed based on the available evidence; however, based on the dates listed on his DD Form 214, it is apparent an administrative error occurred. 2. His orders list the effective date of his deployment as on or about 29 December 2001. His DD Form 214 lists his service in Pakistan as beginning on 19 December 2002 and lasting through 19 July 2003. Evidence shows the applicant was in Iraq on 21 March 2003. He clearly could not be in two places at the same time. 3. It is reasonable to presume the dates of his service in Pakistan are in error and should be corrected. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011949 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011949 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2