IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080015644
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Kuwait.
2. The applicant states, in effect, her DD Form 214 does not show foreign service.
3. The applicant provides a DD Form 214 and a PERSTEMPO - Service Member Deployment History Outprocessing Verification report in support of this application.
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 enlisted in the Regular Army on 10 January 2002 for two years and served as a Food Service Specialist. She was released from active duty on 7 December 2003 and transferred to a U.S. Army Reserve unit in Monroeville, Alabama to complete her remaining Reserve obligation.
3. Block 12f (Foreign Service) of her DD Form 214 shows the entry
"0000 00 00."
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay during the period from 1 February 2003 to
31 May 2003 for her service in Kuwait.
5. The applicant provided a PERSTEMPO - Service Member Deployment History Outprocessing Verification report which shows she was deployed to Kuwait from 6 February 2003 to 6 June 2003. This document was authenticated by the applicant and a reviewing official on 12 November 2003.
6. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
7. Army Regulation 635-5 states that for block 12f, from the ERB/ORB (Enlisted Record Brief/Officer Record Brief), enter the total amount of foreign service completed during the amount of service this period.
8. Army Regulation 635-5 further states that 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show foreign service has been carefully considered and found to have merit.
2. Although records at DFAS show the applicant received hostile fire pay during the period from 1 February 2003 to 31 May 2003, the PERSTEMPO - Service Member Deployment History Outprocessing Verification report she provided, which shows she served in Kuwait during the period 6 February 2003 through 6 June 2003 is accepted as the official verification of her dates of deployment. As a result, it would be appropriate in this case to amend her separation document to reflect this foreign service.
BOARD VOTE:
___X_____ ___X___ __X_____ 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 amending block 12f on her DD Form 214 to show the entry "0000 04 01" and adding the entry, "SERVICE IN KUWAIT FROM 20030206-20030606" in block 18 on her DD Form 214.
__________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.
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