IN THE CASE OF:
BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100008331
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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 18 (Remarks) to reflect she served in support of Operation Enduring Freedom.
2. She states, in effect, her DD Form 214, Item 18, does not reflect that she served during Operation Enduring Freedom. She states she served in the military from 28 May 1998 to 29 May 2002.
3. She provides no additional documentation 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. The applicants military records show she enlisted in the Delayed Entry Program (DEP) and she was separated from the DEP and enlisted in the Regular Army on 29 May 1998. She served in Korea from 28 October 1998 through
26 October 1999, a period of 11 months and 29 days.
3. She was honorably released from active duty on 28 May 2002 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. She was issued a DD Form 214 that shows in Item 12.f. (Foreign Service) a credit of 11 months and 29 days. Item 18 does not show she served during Operation Enduring Freedom.
5. There is no evidence she served in support of Operation Enduring Freedom during her period of active service.
6. On 24 February 2009, a Defense Finance and Accounting Service, Indianapolis, Indiana, staff member verified the applicant served in an active duty status between 2000 and 2002 and there is no evidence she completed any foreign service.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures regarding separation documents. The regulation specified that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from active duty. Foreign Service completed, for the period covered by the DD Form 214, will be entered in item 12.f. Item 13 will list awards and decorations for all periods of service. The regulation also states that the amount of foreign service will be taken from the Soldiers Personnel Qualification Record or, if necessary, verified from the Soldiers Military Personnel Records Jacket. However, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates for example, YYYYMMDD-YYYYMMDD) will be entered in Item 18 of the DD Form 214.
8. Operation Enduring Freedom began on 7 October 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to show she served in support of Operation Enduring Freedom has been was considered. However, the evidence of record shows during her period of active service she served in Korea from 28 October 1998 through 26 October 1999, a period of
11 months and 29 days. The DD Form 214 that she was issued on 28 May 2002 accurately shows her foreign service credit in Items 12.f.
2. There is no evidence in her active duty records and she has failed to provide compelling evidence to show she served in support of Operation Enduring Freedom. Her period of foreign service in Korea was prior to the start of Operation Enduring Freedom. Therefore, no basis has been established to support correcting her DD Form 214 to show she served in support of Operation Enduring Freedom.
3. In view of the foregoing, there is no basis for granting her request.
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.
__________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) AR20100008331
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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