IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100000827
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she served in support of Operation Enduring Freedom (OEF).
2. The applicant states that she served in support of OEF and her DD Form 214 omits that information. She further states Department of Veterans Affairs (VA) benefits are contingent on the entry on her DD Form 214.
3. The applicant provides a copy of her DD Form 214.
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 6 August 2002 for a period of 4 years and training as an automated logistics specialist. She successfully completed her training at Fort Lee, Virginia and was transferred to Hawaii on 28 January 2003 for assignment to B Company, 725th Main Support Battalion, 25th Infantry Division. She was advanced to the pay grade of E-4 on 1 July 2004.
3. On 18 June 2005, she was honorably discharged under the provisions of Army regulation 635-200, paragraph 5-8, due to parenthood. She had served 2 years, 10 months, and 13 days of total active service of which 2 years, 4 months, and 21 days were spent overseas. Her DD Form 214 does not contain any evidence that shows she deployed in support of any operations.
4. In the processing of this case a staff member contacted officials at the Defense Finance and Accounting Service (DFAS) to determine if the applicant had deployed to Southwest Asia or any other hostile fire zone. Officials at DFAS indicated that there was no evidence of the applicant performing any foreign service and that she was paid cost of living allowances (COLA) for Hawaii.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that when an active duty Soldier is deployed with his or her unit during their continuous period of active service, the entry Service in (Name of Country Deployed) from YYYYMMDD YYYYMMDD will be entered in the Remarks sections (block 18) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant has failed to show through the evidence submitted with her application and the evidence of record, sufficient evidence to show that she deployed in support of any operations during her active duty service.
3. Therefore, in the absence of evidence to show that she deployed in support of military operations, there appears to be no basis to grant her request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100000827
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ABCMR Record of Proceedings (cont) AR20100000827
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