RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 September 2007
DOCKET NUMBER: AR20070006895
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jerome L. Pionk
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her records be corrected to show that she had foreign service in Kuwait.
2. The applicant states, in effect, she served in Kuwait during Operation Enduring Freedom and Operation Iraqi Freedom. She states that she was deployed with Company A, 62nd Engineer Battalion, Fort Hood, Texas from
15 January 2003 to 4 July 2003.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and DA Form 638 (Recommendation for Award), dated 23 May 2003.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show that she enlisted in the Regular Army on 15 May 1998. She completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 92F1O (Petroleum Supply Specialist). According to her DD Form 214 her last duty assignment was with Company A, 62nd Engineer Battalion, Foot Hood, Texas. She was honorably discharged on 13 April 2003 after serving 5 years, 10 months, and
29 days of active service.
3. Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry
"0000 00 00."
4. Item 18 (Remarks) of the applicant's DD Form 214 shows no entry that pertains to the applicant's foreign service tour.
5. The DA Form 638 that she submitted shows that the Commander of the 62nd Engineer Combat Battalion (Heavy) approved the award for Army Achievement Medal (AAM); however, there is no signature or date in Part V (Orders Data) of the DA Form 638. The proposed citation reads "for meritorious service as a fueler during her company's deployment to Kuwait in support of Operation Enduring Freedom." The period cited for the award was 15 January 2003 to
17 March 2003.
6. In an email message between a staff member and a representative from the Defense Finance and Accounting Services (DFAS), it was stated that it "Looks like she was getting [Hostile Fire Pay] January through July 2003 (for Kuwait)."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service, taken from the ERB/ORB (Enlisted Record Brief/Officer Record Brief) performed during the period covered by the DD Form 214 will be entered in item 12f.
8. Army Regulation 635-5, in pertinent part, directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her records should be corrected to show her foreign service tour in Kuwait.
2. The DA Form 638 shows that the applicant was recommended for an AAM for the period 15 January 2003 to 17 March 2003 and, it was for meritorious service as a fueler during her company's deployment to Kuwait. The email message between a staff member and a representative from DFAS verified that the applicant received Hostile Fire Pay from January to July 2003.
3. As such, it is reasonable to presume she was there from 15 January to 4 July 2003. Therefore, she is entitled to correction of her records to show in item
12f (Foreign Service) the entry 0000 05 20 and in item 18 (Remarks) of her
DD Form 214 Service in Kuwait 20030115 20030704.
BOARD VOTE:
___jlp___ ___lmd__ ___wdp__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 12f (Foreign Service) the entry 0000 05 20 and in item
18 (Remarks) of her DD Form 214 Service in Kuwait 20030115 20030704.
__________William D. Powers______
CHAIRPERSON
INDEX
CASE ID
AR20070006895
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070925
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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