IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090012241 


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) and Enlisted Record Brief (ERB) to show her service in Iraq.  

2.  The applicant states, in effect, that she served in Iraq but her DD Form 214 does not show this service.

3.  The applicant provides a copy of letter, dated 25 June 2009, from the Department of Veterans Affairs (DVA); a copy of her ERB, dated 30 June 2005; a copy of her separation packet, dated 2 April 2005; copies of selected medical records; and a copy of an undated sworn statement, 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 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, has 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's records show she enlisted in the Regular Army for a period of 4 years on 9 April 2002.  She completed basic combat and advanced individual training and was awarded military occupational specialty 88M (Motor Transport Operator).  She was assigned to the 15th Transportation Company, Fort Sill, OK.

3.  She was honorably discharged in the rank/grade of private/E-2 on 1 November 2005 by reason of parenthood.  The DD Form 214 she was issued shows she completed 3 years, 6 months, and 23 days of creditable active service.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) shows the entry "0000  00  00" indicating she had not completed any foreign service;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded the National Defense Service Medal, the Army Service Ribbon, the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal; and

	c.  Item 18 (Remarks) does not show her service in Iraq.

4.  The applicant's records contain a copy of a memorandum, dated 2 April 2005, authorizing her early release from Iraq due to family issues.  Her records also contain a copy of a counseling statement, dated 4 April 2005, from her unit first sergeant, wherein he stated she would have 30 days upon her return from Iraq to put a plan in place for the care of her children.  Her records also contain a counseling statement, prepared by her rear detachment commander at Fort Sill, OK, dated 1 June 2005, regarding the need for a family care plan.

5.  An electronic mail message from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 24 February 2010, confirms the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 5 January
to 5 April 2005.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his/her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s ERB.  Additionally, item 18 of the DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) and inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s pay records show she received HFP/IDP for a period of 3 months and 1 day of service in Kuwait/Iraq from 5 January to 5 April 2005.  This period appears to be consistent with other documents (counseling statements, memorandum of early release from theater) in her records.  Therefore, there is sufficient evidence to show she served in Kuwait/Iraq and is entitled to correction of her DD Form 214 to show this period of service.  

2.  The ERB is an automated record of a Soldier's personnel management qualifications in the form of data.  The ERB is not maintained or updated subsequent to a Soldier's discharge.  Therefore, the applicant is not entitled to correction of her ERB.  However, if the applicant reenters the Army, a new ERB will be generated and may capture all her personnel data as they exist at the time it is created. 

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:

	a.  deleting from item 12f of her DD Form 214 the entry "0000  00  00" and adding the entry "0000  03  01"; and

	b.  adding the entry "Service in Kuwait/Iraq 20050104 – 20050405." 


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 application that pertains to updating her ERB.




      _______ _   _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)                                         AR20090012241



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ABCMR Record of Proceedings (cont)                                         AR20090012241



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