BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100024560
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 Item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in Iraq from 19 February 2006 through 7 June 2007.
2. She states, in effect, Item 18 currently shows she served in Iraq from 29 February 2006 through 6 March 2007. The dates were transposed at time of her discharge and she didn't catch the incorrect date in Item 18.
3. She provides:
* DD Form 214
* Iraq Wartime Service Dates memorandum
* Issuance of DD Form 215 (Correction to DD form 214) memorandum
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's military records show that while serving as a member of the U.S. Army Reserve (USAR), she was ordered to active duty in support of Operation Enduring Freedom (OIF). She entered on active duty on 26 January 2005.
3. She was honorably released from active duty on 28 July 2007 and transferred to a Reserve unit. She was credited with completion of 2 years, 6 months, and 3 days of active service. Item 12f (Foreign Service) of her DD Form 214 shows no credit for foreign service.
4. Item 18 of her DD Form 24 shows she served in a designated imminent danger pay area with service in Iraq from 19 February 2006 through 6 March 2007.
5. An Iraq Wartime Service Dates memorandum, dated 31 January 2008, verified her Iraq tour dates from 19 February 2006 through 7 June 2007, a period of 1 year, 3 months, and 19 days.
6. In a memorandum, dated 8 February 2008, the Branch Chief, Transition Branch, U.S. Army Infantry Center, requested the applicant be issued a DD Form 215 to correct Item 18 to read "Service in Iraq from 19 February 2006 through 6 March 2007."
7. On 28 January 2011, a staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified that the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Iraq from 25 February 2006 through 10 June 2007.
8. 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 that for:
a. Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. Item 18, for an active duty Soldier deployed with his/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 evidence of records shows the applicant was deployed to Iraq in support of OIF from 19 February 2006 through 7 June 2007, a period of 1 year, 3 months, and 19 days. Therefore, Item 12f of her DD Form 214 should be corrected to show she served 1 year, 3 months, and 19 days of foreign service. Correction of Item 12f does not require any adjustment to the other blocks in Item 12 (Statement of Service) of her DD Form 214. Item 18 of her DD Form 214 should also be corrected to show the entry, "Service in Kuwait/Iraq from 20060219 - 20070607 (19 February 2006 through 7 June 2007)."
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 the applicant' s DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 03 19";
b. adding to item 18 of her DD Form 214 the entry "Service in Iraq from 20060219 - 20070607; and
c. providing her a corrected document including these changes.
_______ _ 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) AR20100024560
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100024560
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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