IN THE CASE OF:
BOARD DATE: 1 JULY 2009
DOCKET NUMBER: AR20090003257
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 item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of service ending 25 March 2005 be corrected to show the total length of her foreign service.
2. The applicant states, in effect, that item 18 (Remarks) of her DD Form 214 shows that she served in Afghanistan from 3 September 2003 to 6 May 2004.
3. The applicant provides copies of her DD Form 214 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's record shows she enlisted in the Regular Army (RA) on
26 March 2002. She served until she was honorably discharged on 25 March 2005, by reason of completion of required active service, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.
3. The applicant submitted a DD Form 214 which shows in item 12f that she has "0000 years, 00 months, and 00 days" of foreign service.
4. Item 18 of her DD Form 214 shows that she served in Afghanistan from 3 September 2003 to 6 May 2004.
5. 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. It states that for Block 12f, from official records, enter the total amount of foreign service completed during the period covered in Block 12c (Net Active Service This Period) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that her foreign service should be added to item 12f of her DD Form 214 was carefully considered.
2. The applicant's records show that she served in Afghanistan from
3 September 2003 to 6 May 2004. Therefore, item 12f of her DD Form 214 should be corrected to show her foreign service as "0000 years, 8 months, and
04 days."
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
deleting from Block 12f of the applicant's DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 08 04."
___________XXX______________
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) AR20090003257
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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