ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 May 2019 DOCKET NUMBER: AR20160019316 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to: * list his service in Iraq from 7 August 2004 to 7 August 2005 instead of 11 July 2004 to 27 May 2005 * reflect a correct Reserve Obligation Termination Date APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DA Form 638 (Recommendation for Award), front page * DA Form 4980-14 (Army Commendation Medal (ARCOM)) * Orders D240-03 * a memorandum FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the service dates in Iraq as listed on his DD Form 214 do not reflect the correct dates as listed on his ARCOM. He further states he has not been issued a DD Form 215 (Correction to DD Form 214) to clarify his separation from service. 3. The applicant enlisted in the Regular Army (RA) on 11 March 2003. 4. He retired honorably on 30 March 2008, due to temporary disability after completing 5 years and 20 days of active service. His DD Form 214 contains the following information: 1. * item 6 (Reserve Obligation Termination Date) "00000000" * item 18 (Remarks) "//SERVICE IN IRAQ 20040711 - 20050527//" 5. Orders D240-03, by order of the Secretary of the Army, removed the applicant from the temporary disability retired list due to permanent physical disability effective 27 August 2009. 6. On 9 April 2019, by email, a Defense Finance and Accounting Service (DFAS) official verified the applicant received hostile fire/imminent danger pay for service in Kuwait for the period 1 August 2004 to 28 February 2005 (a period of 7 months). 7. The applicant provides Permanent Orders 214-167, issued by the Commander, 2d Brigade Combat Team on 2 August 2005, which awarded him the ARCOM for the period 7 August 2004 to 7 August 2005. 8. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. For a Soldier discharged, dismissed, or dropped from the Army Rolls, or with an expired Military Service Obligation (MSO), enter "00 00 00." For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence obtained by the Defense Finance and Accounting Service (DFAS) and the information currently depicted on the DD Form 214 concerning the applicant’s Iraq service, the Board found insufficient evidence to indicate specifically when the applicant served in Iraq. However, it is the Board’s practice to not change a record when the end result would cause an applicant to be worse off than when they began the appeals process. For that reason, the Board concluded that leaving the information as it currently is shown is appropriate. Additionally, based upon the documentary evidence presented by the applicant and found within the service record, the Board found insufficient evidence to show an error or injustice which would warrant changing the reserve obligation date. For that reason, the Board recommended denying the applicant’s request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 5/16/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Chapter 2 contains guidance on the preparation of the DD Form 214. a. It states for item 6, this is the completion date of the statutory MSO incurred by the Soldier on initial enlistment or appointment in the Armed Forces. Department of Defense policy requires a Soldier with no previous military service who enlisted or was appointed in the RA, Army National Guard, or the U.S. Army Reserve to include the Delayed Entry Program (DEP), DEP time is credited in computing this date. For a Soldier discharged, dismissed, or dropped from the Army Rolls, or with an expired MSO, enter "00 00 00." Soldiers within 90 days of their MSO termination date at separation are considered to have completed their MSO. b. It states for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)."