ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20170015390


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his foreign service in Baghdad, Iraq, from 1 January 2009 to 1 January 2010.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 that he served in Bagdad Camp Liberty, Iraq from 
1 January 2009 to 1 January 2010.  He would like this time to be shown on his 
DD Form 214.  His Combat Lifesavers Course (CLS) was completed while in Iraq with the 664th Ordnance Company.

3.  A review of the applicant’s service record shows the following:

	a. He enlisted in the Regular Army (RA) on 30 January 2008.

	b. Permanent Orders number 313-043, dated 9 December 2009 shows he was awarded the Driver's Badge w/ component bar "W'' (Wheeled Vehicles) for completing assigned duties and responsibilities as a driver from 24 January 2009 to 
16 December 2009 in Baghdad, Iraq.

	c.  DA Form 4187 (Personnel Action) promoted him to private first class (PFC) with effective date of 1 July 2009 while assigned in Baghdad, Iraq.

	d.  He was discharged on 21 May 2013.  His DD Form 214 shows that he was discharged with an honorable character of service.  He completed 5 years, 3 months, and 22 days of active service.  Block 12f (Foreign Service) shows no foreign service.  Block 14 (Military Education) reflects CLS, 1 week, 2009.  Block 18 (Remarks) does not reflect a deployment to Iraq.  

4.  Defense Finance and Accounting Service (DFAS) records show he had service in Kuwait from 1 January 2009 to 31 December 2009 (1 year).  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found partial relief is warranted.

DFAS records show he served in Kuwait from 1 January 2009 to 31 December 2009, a period of foreign service which is one day shorter than the period he claims is correct.  There is no evidence indicating the DFAS records are incorrect.  
The Board notes that it is an established fact that DFAS records generally show the country in which a Soldier in-processed the theater of operations and that DFAS records do not generally account for Soldiers moving into Iraq from Kuwait during the period in question.  The available service records confirm that, although he in-processed in Kuwait, the bulk of his year of deployed service was spent in Iraq.  
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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 amending his DD Form 214 for the period ending 21 May 2013 by:

 *  Replacing the entry in block 12f with 1 year, 0 months, and 0 days
 * Adding to block 18 the entry "Service in Kuwait/Iraq from 20090101-20091231"

2.  Additionally, the Board noted the administrative note below from the analyst of record and recommended that change be completed to more accurately depict the military service of the applicant.

3.  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.
	 
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.


ADMINISTRATIVE NOTE(S):

The applicant is authorized an award that is not recorded on his DD Form 214.  Please correct his DD Form 214 by adding the Iraq Campaign Medal with one Bronze Service Star.

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 (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information.  Block 18 (Remarks) will be utilized to address incomplete item and state “DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information.”  DD Form 215 will be issued when the missing information becomes available.

ABCMR Record of Proceedings (cont)	 AR20170015390


3


1