IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100012803 


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 include her two periods of foreign service in Kuwait.

2.  The applicant states, in effect, she deployed to Kuwait on two separate occasions with less than 6 months between deployments.

3.  The applicant provides a copy of a Department of the Army Certificate of Achievement (COA) for the period 27 June to 27 August 1994.

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 military records show she initially enlisted in the Regular Army on 29 September 1980 for a period of 3 years.  She successfully completed basic and advanced individual training and she was awarded military occupational specialty (MOS) 91B (Medical Specialist).  Her DD Form 214 for the period ending 15 March 1990 shows she was honorably discharged after completing a total of 9 years, 5 months, and 17 days of active service.  Her rank/grade was staff sergeant (SSG)/E-6 and she held MOS 91C (Practical Nurse).

3.  Her records show she was appointed as a Reserve Warrant Officer on
16 March 1990.  On 14 April 1993, she was appointed as a Reserve Commissioned Officer.  She took her Oath of Office at Fort Stewart, GA on        14 May 1993.   

4.  A DD Form 214 for the period ending 30 April 1996 shows the applicant entered active duty on 14 May 1993.  She was honorably retired by reason of voluntary early retirement and she was transferred to the U.S. Army Reserve (USAR) Control Group (Retired).  She retired in the rank of first lieutenant, having completed a 15 years, 7 months, and 5 days of total active service. 

5.  Item 12f (Foreign Service) of her DD Form 214 for the period ending 30 April 1996 contains the entry “00 Year(s), 00 Month(s), and 00 Day(s).”

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 30 April 1996 shows the Army Achievement Medal, Army Good Conduct Medal (3rd Award), Noncommissioned Officer Professional Development Ribbon, National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.

7.  Item 18 (Remarks) of the applicant’s DD Form 214 does not contain any entries showing foreign service participation.  

8.  The applicant provides a copy of a COA for the period 27 June to 27 August 1994.  The certificate reads, in pertinent part, “For outstanding service during Intrinsic Action 94-02.  Your dedication and tireless efforts directly impacted on the Task Force’s successful deployment to Kuwait.”  This certificate was signed by a lieutenant colonel (LTC) in the U.S. Army.

9.  An email transmission between the staff of the Board and the appropriate Defense Finance and Accounting Service (DFAS) office confirms she received hostile fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) for the period 4 July through 25 August 1994 and 17 October through
3 December 1994.  No country code is listed.
10.  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.  In pertinent part, it states that:

	a.  for item 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period);

	b.  for Block 18, 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) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of her DD Form 214 to include her two periods of foreign service in Kuwait was carefully considered and was found to have merit.

2.  The evidence confirms she received HF/IDP and CZTE for the periods 4 July through 25 August 1994 and 17 October through 3 December 1994, respectively.  The applicant provided a copy of a COA for her service in Kuwait.  This certificate was signed by an LTC in the U.S. Army and is accepted as an official record of her service in Kuwait.  As a result, she is entitled to correction of her DD Form 214 for the period ending 30 April 1996 to reflect her service in Kuwait.

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 item 12f of her DD Form 214 for the period ending 30 April 1996 the entry "00  00  00" and replacing it with the entry "00  03  09" and

	b.  adding to item 18 of her DD Form 214 for the period ending 30 April 1996 the entry "SERVICE IN KUWAIT FROM 19940704 - 19940825 and 19941017 - 19941203.”



      ___________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)                                         AR20100012803



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ABCMR Record of Proceedings (cont)                                         AR20100012803



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