IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002560 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002560 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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, "0001 00 03" from item 12f (Foreign Service) of his DD Form 214; b. deleting the entry, "//PERIOD OF DUTY: 20030124 – 20030522//" from item 18 (Remarks) of his DD Form 214; c. adding to item 12f of his DD Form 214 the entry, "0001 00 15" d. adding to item 18 of his DD Form 214 the statement "SERVICE IN KUWAIT/IRAQ 20030401 – 20040415." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. _____________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: 19 September 2018 DOCKET NUMBER: AR20170002560 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 deployment to Iraq for the period 21 January 2003 through 22 May 2004 instead of 24 January 2003 through 22 May 2003. 2. The applicant states he believes service dates in Iraq are incorrect due to a typographic error. 3. The applicant provides a copy of his 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. Having 3 years, 4 months and 4 days prior active service, the applicant entered active duty as a member of the Army National Guard on 24 January 2003. 3. He was honorably released from active duty on 22 May 2004, after completing 1 year, 3 months and 29 days of active service. Item 12f (Foreign Service) of his DD Form 214 contains the entry "0001 00 03." Item 18 (Remarks) shows service in National City, CA, Fort Lewis, WA and Kuwait/Iraq for the period 24 January 2003 to 22 May 2003 (a period of 1 year, 3 months and 29 days). This form further shows he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal (2nd Award) * Global War on Terrorism Expeditionary Medal * Korean Defense Service Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal with M Device * Army Service Ribbon * Overseas Service Bar (2nd Award) * Overseas Service Ribbon 4. There is no evidence in his Official Military Personnel File (OMPF) and the applicant provides no evidence, which supports his contention of service in Iraq for the period 21 January 2003 through 22 May 2004. 5. On 4 September 2018, 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 April 2003 to 15 April 2004 (a period of 1 year and 15 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 evidence of record is ambiguous regarding the applicant's actual dates of service in Iraq; however, based on the dates listed on his DD Form 214, it is apparent an administrative error occurred. DFAS records show he served in Kuwait from 1 April 2003 to 15 April 2004 (a period of 1 year and 15 days). At the time, he would have been processed into the theater of operations through the finance office in Kuwait, which is likely why DFAS records show he served in that country. 2. There is no evidence in his OMPF and the applicant provides no evidence which supports his contention of service in Iraq for the period 21 January 2003 through 22 May 2004. Evidence shows he entered active duty on 24 January 2003. 3. However, his dates of his service in Iraq are in error. Based on the available evidence, he served in Kuwait/Iraq for the period 1 April 2003 to 15 April 2004 and completed 1 year and 15 days foreign service during this period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002560 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002560 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2