IN THE CASE OF:
BOARD DATE: 6 OCTOBER 2009
DOCKET NUMBER: AR20090008045
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 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
31 August 1998 be corrected to show a deployment in Korea.
2. The applicant states that her deployment to South Korea with the Patriot Missile Battalion from April 1994 to October 1994 is not annotated in the remarks section of her DD Form 214 along with other deployed time periods. She believes the record is in error because she deployed for 7 months with the Patriot Missile Battalion and performed her duties honorably. She no longer has the official orders in her possession but her Officer Record Brief is annotated with the deployment information.
3. The applicant provides a copy of her Officer Record Brief and DD Forms 214 for the periods ending 17 September 1990 and 31 August 1998 in support of her 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. Having prior enlisted service from 18 July 1978 to 17 September 1990, the applicant was appointed a warrant officer on 18 September 1990. She served as a supply systems technician in Germany for 34 months, in Southwest Asia from 21 December 1990 to 21 May 1991, in Korea from 16 April 1994 to October 1994, and in Southwest Asia from 7 October 1995 to 7 March 1996. On
31 August 1998, the applicant retired in the rank of chief warrant officer two.
3. Item 12f (Foreign Service) on the applicant's DD Form 214 for the period ending 31 August 1998 shows she served 4 years and 25 days of foreign service. Item 18 on this DD Form 214 states, in pertinent part, "SERVICE IN SOUTHWEST ASIA 19901221-19910521, 1995107-19960307."
4. In support of her claim, the applicant provided a copy of her Officer Record Brief which shows she served in Korea from 16 April 1994 to October 1994
(7 months).
5. Army Regulation 635-5 (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 Item 12f, from the Soldier's records, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period). The regulation also 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 item 18. Only deployments in an imminent/hostile fire zone will be reflected.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant served in Korea from April 1994 to October 1994. Since the applicant's tour in Korea was not a deployment in an imminent/hostile fire zone, there is no basis for amending item 18 on her DD Form 214 for the period ending 31 August 1998. Her service in Korea is properly reflected in item 12f on her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20090008045
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