IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160018272 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: 29 August 2018 DOCKET NUMBER: AR20160018272 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: 29 August 2018 DOCKET NUMBER: AR20160018272 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 service in: * Saudi Arabia as 1 December 1990 to 1 April 1991 (to the best of his knowledge) instead of 1 November 1990 to 30 June 1991 * Afghanistan as 1 November 2002 to 20 April 2003 (to the best of his knowledge) instead of 1 October 2002 to 20 April 2003 * Iraq as 2 May to 28 October 2003 instead of 2 May 2003 to 10 March 2004 2. The applicant states during the completion of his DD Form 214 in preparation for retirement, the dates for three of four of his deployments were entered incorrectly. He would like the record corrected so he may in good faith be credited with the correct creditable time for his civilian employment. His current creditable service is reflected as 3.1 years; however, to the best of his knowledge his creditable service should only reflect 2.5 years. 3. The applicant provides: * DD Form 214 * Order 119-00007 * North Atlantic Treaty Organization (NATO) Travel Order 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 January 1981. 3. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period 13 February to 1 May 1991. 4. His Official Military Personnel File (OMPF) does not contain orders for all of his deployments; however, it does contain Orders 282-00006 dated 9 October 2003 that shows Order 119-00007 issued by the U.S. Army Intelligence Center and Fort Huachuca on 29 April 2003, which shows the applicant was to be reassigned and or deployed to Operation Iraqi Freedom from on or about 2 May to 28 October 2003, was amended to have him return on 1 May 2004. 5. He retired on 30 April 2011. Item 18 (Remarks) of his DD Form 214 shows he served in: * Saudi Arabia from 1 November 1990 to 30 June 1991 * Afghanistan from 31 August 2002 to 23 April 2003 * Iraq from 2 May 2003 to 10 March 2004 * Iraq from 6 October 2005 to 21 September 2006 6. The applicant provides: a. Order 119-00007 issued by the U.S. Army Intelligence Center and Fort Huachuca on 29 April 2003 showing he was to be reassigned and or deployed to Operation Iraqi Freedom with a proceed date on or about 2 May 2003, returning 28 October 2003. b. NATO Travel Order Number 119-0007, issued by the U.S. Army Intelligence Center and Fort Huachuca on 29 April 2003, which shows his date of departure was 2 May 2003 and expected date of return was 28 October 2003. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record is ambiguous with regard to the applicant's actual dates of deployment. Nevertheless, it is the general policy of the Board not to cause an applicant to be worse off than he or she would have been had the Board not acted in the case. 2. The applicant claims, to the best of his knowledge, he deployed to Saudi Arabia from 1 December 1990 to 1 April 1991 instead of 1 November 1990 to 30 June 1991, which is listed on his DD Form 214. However, the Desert Shield/Storm Data Base only shows the applicant served in Southwest Asia during the period 13 February to 1 May 1991. 3. The applicant claims, to the best of his knowledge, he deployed to Afghanistan from 1 November 2002 to 20 April 2003 instead of 1 October 2002 to 20 April 2003. However, his OMPF does not contain evidence to support these claims. 4. The applicant provides orders showing he served in Iraq from 2 May to 28 October 2003 instead of 2 May 2003 to 10 March 2004 as listed on his DD Form 214. However, his OMPF contains an amendment order which amended his return date from Iraq to 1 May 2004. The applicant does not appear to have provided sufficient evidence to overcome the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018272 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018272 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2