IN THE CASE OF:  

		BOARD DATE:  28 July 2021

		DOCKET NUMBER:  AR20210007456


APPLICANT REQUESTS:  correction to his deployment dates to Iraq to reflect  
“26 January 2003 to 5 March 2004” in item 18 (Remarks) of his DD Form 214 
(Certificate of Release or Discharge from Active Duty) for the period ending  
30 September 2017.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Temporary Change of Station (TCS) group orders R015-01
*	TCS orders 062-375
*	DD Form 214

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) 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, in effect, his correct deployment dates to Iraq is 26 January 
2003 to 5 March 2004 and copies of his TCS orders is included.

3.  The applicant provides:

   a.	TCS group orders R015-01, dated 13 January 2003, which reflects a proceed 
date of “on or about 26 January 2003,” for the purpose “In Support of Operation 
Enduring Freedom,” and a period of active duty as “not to exceed two years TCS unless 
extended.”
   
   b.	TCS orders 062-375, dated 2 March 2004, which reflects the applicant was 
redeployed and returned to his permanent station upon completion of his duties in 
support of this operation, with a proceed date of on or about 5 March 2004, and the 
purpose as “return to AGR status.”
   
   c.	DD Form 214, period ending on 30 September 2017, with an emphasis 
(highlighted) in item 18 (Remarks) “Service in Iraq 20030105-20030105.”

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

   a.	He enlisted in the Army Reserve on 28 February 1996.
   
   b.	U.S. Army Human Resources Command Orders R-09-477178, dated 
27 September 2004, reflects he was released from active duty and discharged for the 
purpose of immediate reenlistment in the U.S. Army Reserve.  He was reenlisted and 
was ordered to active duty in Active Guard/Reserve status for the additional active duty 
commitment (indefinite), with an effective date of reenlistment of 24 September 2004.
   
   c.	His DD Form 214 reflects he was honorably retired on 30 September 2017, 
under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted 
Administrative Separations), chapter 12, sufficient service for retirement.  He had 18 
years, 5 months, and 13 days of net active service this period and 8 years, 9 months, 
and 2 days of total prior active service.  Item 18 (Remarks) shows the applicant served 
in a designated imminent danger pay area, Iraq, from 5 January 2003 to 5 January 
2003.

4.  AR 635-5 (Personnel Separations – Separation Documents) prescribes the 
separation documents that must be prepared for soldiers on retirement, discharge, 
release from active duty service, or control of the Active Army.  It establishes 
standardized policy for preparing and distributing the DD Form 214 (Certificate of 
Release or Discharge from Active Duty).


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  Based upon the available documentation and the current 
information reflected on the applicant’s DD Form 214, the Board concluded there was 
an obvious error which warranted correction.  Therefore, the Board recommended 
correcting the information as requested.





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by amending the applicant’s DD 
Form 214, end date 30 September 2017, by:

*	(Item 18) removing “SERVICE IN IRAQ 20030105-20030105”
*	(Item 18) adding “SERVICE IN IRAW 20030126-20040305”
		  
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, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) 
prescribes the separation documents that must be prepared for soldiers on retirement, 
discharge, release from active duty service, or control of the Active Army.  It establishes 
standardized policy for preparing and distributing the DD Form 214 (Certificate of 
Release or Discharge from Active Duty).

  a.	Paragraph 2-3b states the use of the following documents when preparing a DD 
Form 214WS (worksheet):

*	Enlisted record brief (ERB) (computer generated)
*	DA Form 4037 (Officer Record Brief) (ORB) (computer generated)
*	Separation approval authority documentation, if applicable
*	Separation order
*	Any other document authorized for filing in the Official Military Personnel File

  b.	Paragraph 2-4h(12) (f) states, from the ERB/ORB, enter the total amount of 
foreign service completed during the period covered in block 12c. 


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20210007456


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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