IN THE CASE OF:  

		BOARD DATE:  5 September 2018

		DOCKET NUMBER:  AR20160016731


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


		IN THE CASE OF:  

		BOARD DATE:  5 September 2018

		DOCKET NUMBER:  AR20160016731


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:

* deleting from item 18 (Remarks) of his DD Form 214 the two entries stating "Service in Iraq from 20061101-20071215"
* adding to item 18 of this form the two statements "Service in Iraq from 20061101-20071215" and "Service in Iraq 20090501-20100430"



                                    ____________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 September 2018

		DOCKET NUMBER:  AR20160016731


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 of his deployment dates shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DD Form 214 incorrectly shows his deployment dates for the years 2006 to 2010.  He was deployed to Iraq from 2006 to 2007 and from 2009 to 2010.  He would like an official correct record.

3.  The applicant provides no additional evidence.

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 2005 and he held military occupational specialty 13F (Fire Support Specialist).

3.  He was honorably discharged on 12 August 2010.  His DD Form 214 shows he completed 4 years, 7 months, and 14 days of active service, which included 2 years and 23 days of foreign service.  Item 18 of his DD Form 214 contains the statement "Service in Iraq 20061101-20071215" twice.

4.  On 24 July 2018, a staff member of the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Kuwait from 1 November 2006 to 31 December 2007 and in Iraq from 1 May 2009 to 30 April 2010.

REFERENCE:

Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for the preparation of the DD Form 214 and stated for  item 18 for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION:

1.  Item 18 of the applicant's DD Form 214 contains two entries that state, "Service in Iraq from 20061101-20071215," when only one entry for this period is required.  

2.  The evidence of record shows the applicant also served in Kuwait/Iraq Iraq from 1 May 2009 to 30 April 2010.  Item 18 of his DD Form 214 does not show this 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)	AR20160016731



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160016731



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2