IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009867
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her correct foreign service in block 12f (Foreign Service) and block 18 (Remarks).
2. The applicant states she was deployed in support of Operation Iraqi Freedom; however, block 12f of her DD Form 214 only shows 1 month and 25 days of foreign service and block 18 only shows she deployed in support of Operation Iraqi Freedom (OIF) from 20 December 2003 to 14 February 2004.
3. The applicant provides copies of her DD Form 214 and an 814th Engineer Company Certificate of Participation in Operation Enduring/Iraqi Freedom for the period 6 March 2003 through 14 February 2004.
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 and she served on active duty from 25 June 2002 to 3 November 2004. She was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, in the rank/grade of specialist (SPC)/E-4.
3. In connection with the processing of this case, the Defense Finance and Accounting Service (DFAS) verified through the applicant's master military pay account (MMPA) that she received hostile fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exemption (CZTE) from 7 March 2003 through 13 February 2004 for service in Kuwait.
4. 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:
a. for block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
b. 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 block 18.
5. OIF actually began on the night of 19/20 March 2003.
DISCUSSION AND CONCLUSIONS:
1. The applicant states she was deployed in support of OIF from 6 March 2003 to 14 February 2004.
2. Verification by DFAS through the applicant's MMPA shows she received HF/IDP and CZTE for the period 7 March 2003 through 13 February 2004 for Kuwait. Therefore, it would be appropriate to correct her DD Form 214 to show she completed 11 months and 7 days of foreign service during the period 7 March 2003 through 13 February 2004.
3. The certificate shows she actually served in support of Operation Enduring/Iraqi Freedom for that period.
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:
a. deleting from block 12f of her DD Form 214 the entry "0000 01 25" and replacing it with the entry "0000 11 07" and
b. deleting from block 18 of her DD Form 214 the entry "SOLDIER WAS DEPLOYED IN SUPPORT OF OPERATION IRAQI FREEDOM FROM THE DATES OF 20 DECEMBER 2003 TO 14 FEBRUARY 2004 WITH DUTY IN IRAQ" and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030307 20040213."
___________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) AR20100009867
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ABCMR Record of Proceedings (cont) AR20100009867
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