IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100018771
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 her DD Form 214 be corrected to show her service in Iraq and Turkey.
2. The applicant states she served two tours of duty in combat zones that are not shown on her DD Form 214.
3. The applicant provides a copy of a Department of Veterans Affairs Eligibility Report.
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 served on active duty in the Regular Army from 21 August 2001 through 11 March 2005. She again enlisted in the Regular Army on 22 May 2007 and served until 7 May 2009.
3. An Enlisted Record Brief covering her first period of service shows the following foreign service:
* Germany from 4 March 2002 to 17 February 2003
* Turkey from 17 February 2003 to 6 April 2003
* Germany from 4 April 2003 to 11 March 2005
4. A review of the applicant's pay records by the Defense Finance and Accounting Service shows she received hostile fire/imminent danger pay for her service in Turkey from 19 February 2003 to 12 April 2003 and in Kuwait from 10 May 2004 through 1 September 2004.
5. Her 11 March 2005 DD Form 214 does not include any entries showing service in a hostile fire/imminent danger pay zone. Item 18 contains no entry of deployed service in any foreign country. It lists her awards as the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Army Lapel Button, Global War on Terrorism Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.
6. The Enlisted Record Brief covering her second period of service does not indicate any foreign service assignments and the 7 May 2009 DD Form 214 does not show any foreign service during this period.
7. A review of the applicant's pay records shows that she received hostile fire/imminent danger pay and/or combat zone tax exclusion for service in Kuwait from 10 May 2004 through 1 September 2004.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states item 18 (Remarks) is used for Department of the Army 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 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served in two hostile fire/imminent danger pay zones during her first enlistment. There is no indication the applicant served in a hostile fire/imminent danger pay zone during her second enlistment.
2. Therefore, it is appropriate to correct the 11 March 2005 DD Form 214 in item 18 to include the statement "SERVICE IN TURKEY FROM 20030217-20030412; KUWAIT/IRAQ 20040510-20040901."
BOARD VOTE:
____X____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding to item 18 of her 11 March 2005 DD Form 214 the entry "SERVICE IN TURKEY FROM 20030217-20030412; KUWAIT/IRAQ 20040510-20040901."
_____________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) AR20100018771
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ABCMR Record of Proceedings (cont) AR20100018771
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