IN THE CASE OF:	  

		BOARD DATE:	  12 February 2009

		DOCKET NUMBER:  AR20090000406 


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, that the time she served in Iraq be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that Item 18 (Remarks) of her DD Form 214 does not show the range of dates during which she served in Iraq.  The applicant states she served in Iraq from 10 January 2003 through 31 August 2003.

3.  In support of her request, the applicant provides a copy of her DD Form 214 and a copy of a certificate for award of the Army Commendation Medal she was awarded for the period 20 March 2003 through 30 June 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 applicant’s 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, as determined it is in the interest of justice to excuse the applicant’s 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 US Army Reserve Delayed Enlistment Program on 26 March 2001.  On 12 April 2001, she enlisted in the Regular Army.  She successfully completed basic training at Fort Jackson, South Carolina, and her advanced individual training at Fort Lee, Virginia.  On completion of her training, she was awarded the military occupational specialty 92G, Food Service Specialist.

3.  The applicant was honorably released from active duty in the rank and pay grade of Specialist, E-4, on 11 April 2004.  On the date of her release from active duty, the applicant had completed 3 years net active service, with no time lost.

4.  Item 12f (Foreign Service), of the applicant's DD Form 214, shows the entry 0000 Years / 07 Months / 05 days.  There is no entry in Item 18 (Remarks) showing the overseas theater, command or foreign country in which the applicant served.

5.  The applicant provided a copy of a certificate for award of the Army Commendation Medal she was awarded for exceptionally meritorious achievement for the period 20 March 2003 through 30 June 2003 while serving in support of Operation Iraqi Freedom.

6.  On 23 January 2009, an ABCMR staff member submitted an inquiry to the Defense Finance and Accounting Service (DFAS) requesting verification of the applicant's report she had served in Iraq for the period from 10 January 2003 through 31 August 2003.  On 24 January 2009, a representative of the DFAS responded that the applicant had served in a combat zone and had received hostile fire pay for the period 1 January 2003 through 31 July 2003.

7.  Army Regulation (AR) 635-5 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.  The edition of this regulation in effect on the date of the applicant's release from active duty specified that, total active duty outside continental limits of the United States for the period covered by the DD Form 214 would be entered in Item 12f.

8.  AR 635-5, paragraph 2-4h(18)(f) prescribes that, for an active duty Soldier deployed with his or her unit during their continuous period of active service an entry will be made in Item 18 of the Soldier's DD Form 214 as follows to document his or her foreign service:  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD).


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she served in Iraq in support of Iraqi Freedom and that this service should be shown in Item 18 of her DD Form 214.  The applicant further contends that she served in Iraq for the period from 10 January 2003 through 31 August 2003.

2.  The certificate for award of the Army Commendation Medal the applicant submitted verifies she served in Iraq in support of Operation Iraqi Freedom.  This certificate does not identify the specific date of her arrival and the specific date of her departure from Iraq primarily because the award was for exceptionally meritorious achievement.

3.  Verification was received from the DFAS the applicant was paid hostile fire pay for nearly all the period she reported; however, the value of this verification is diminished in that it does not go far enough since it does not specifically identify the period she was actually in the hostile fire pay area.  The applicant states she arrived in Iraq on 10 January 2003.  The applicant was paid hostile fire pay beginning on 1 January 2003.  The applicant alleges she was in Iraq until 31 August 2003; however, according to the DFAS representative, she was only paid hostile fire pay until the last day of July 2003.

4.  Based on the available evidence, the applicant is entitled to a correction of Item 18, of her DD Form 214, to show she arrived in Iraq on 10 January 2003, the date she states she arrived there, and departed from Iraq on 31 July 2003, the last day she was provided hostile fire pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 correcting Item 18 (Remarks), of the applicant's DD Form 214, to show the entry, "Service in Iraq from 20030110 – 20030731."

2.  The Board further determined that 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 applicant's request that her record be corrected to show that she served in Iraq until 31 August 2003.




      _______ _   __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.



ABCMR Record of Proceedings (cont)                                         AR20090000406





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ABCMR Record of Proceedings (cont)                                         AR20090000406



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