ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  13 April 2020 DOCKET NUMBER:    AR20170009831 


APPLICANT REQUESTS:   His DD Form 214 (Certificate of Release or Discharge from Active Duty) reflect his deployment to Iraq. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 293 (Application for Review of Discharge from the Armed Forces)

.DD Form 214



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states that his current DD Form 214 does not reflect his deployment toIraq from 2 March 2003 to 21 June 2003.

3.A review of the applicant’s available service records indicates the following on:

a.9 May 2002 – he enlisted into the United States Regular Army.



b.25 June 2004 – his Enlisted Records Brief does not reflect any foreign service


under Section I – Assignment Information – Overseas duty.  It states: 

.Number of short tours – 0

.Number of long tours – 0

.CONUS departure date – 2 October 2003




c.12 July 2004 – Medical Evaluation Board was initiated.  Under diagnosis, it states


his injury did occur during a deployment in Iraq.  Under history of present illness, it states the applicant complains of low back pain since falling off a cargo truck in Iraq 12 months ago.  The applicant was evaluated via x-rays while in Iraq.  He ended returning to Fort Hood, but has had pain ever since.    
d.20 July 2004 – Letter from Company Commander to the Physical Evaluation


Board – Subject:  Performance Statement on applicant indicating he is not able to perform his job because of a prior back injury incurred while in the line of duty. 

e.20 July 2004 – Letter from Physical Evaluation Board Liaison Officer – Subject:


Line of Duty Investigation on applicant indicating no investigation would be conducted because no injury was sustained, just lower back pain. 

f.31 August 2004 – a Physical Disability Information Report from Fort Hood


indicated he incurred an injury, but his disability was not a direct result of armed conflict or caused by instrumentality of war and his disability did not result from a combat related injury. 

g.13 September 2004 – Discharge Orders 257-0205 reflected the applicant was


released from active duty after 3 years, 6 months 20 days of service and that: 

.he received 10% disability

.he was separated from active duty on 1 October 2004

.his disability is not based on injury or disease received in LOD as a directresult of Armed Conflict or caused by instrumentality of war and hisdisability did not result from a combat related injury




h.His iPERMS reflects the applicant had no orders for temporary duty and


mobilization in his records. 

4.The applicant provides a DD Form 214 dated 1 October 2004 with 0 year and 0 daysof inclusive foreign service and no remarks of his deployment to Iraq.

5.See references below.

BOARD DISCUSSION: 

1.After reviewing the application and all supporting documents, the Board found therelief is not warranted.

2.There is insufficient evidence of the applicant’s deployment to Iraq.  His recordscontain no orders for deployment to Iraq and there is no record of his from and to datesin Iraq.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XXX :XX 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. 

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. 




REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins itsconsideration of each case with the presumption of administrative regularity.  Theapplicant has the burden of proving an error or injustice by a preponderance of theevidence.

3.Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents)states the DD Form 214 will contain the last duty assignment and the major commandto which the Soldier was assigned.  Foreign Service will be reflective of the total activeduty time spent outside the continental United States for the period being covered onthe form and the location of the last overseas theater in which service was performed.

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