IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110003051
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) for the period ending 30 September 2009 to reflect her period of mobilized service, foreign service, and deployed service in Kuwait.
2. The applicant states she was mobilized during the period May 2002 to May 2003 and deployed to Kuwait during the period June 2002 to December 2002.
3. The applicant provides her DD Form 214; an Army Commendation Medal certificate; a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report); Headquarters, U.S. Army Fort Dix Permanent Orders 142-004; and Headquarters, 94th Regional Support Command Order 02-121-191.
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 records show as a U.S. Army Reserve Active Guard Reserve Soldier she was reassigned for the purpose of deployment in support of Operation Enduring Freedom with a proceed date of 17 May 2002.
3. Headquarters, U.S. Army Fort Dix Permanent Orders 142-004, dated 22 May 2002, show she was a member of a unit directed to deploy to Kuwait effective 11 June 2002.
4. Her DA Form 2166-8 for the rating period May to December 2002 shows her unit of assignment was located in Kuwait during this evaluation period.
5. Permanent Orders 344-02-44 awarded her the Army Commendation Medal for outstanding service during the period 12 June to 10 December 2002 while serving on deployment in Kuwait for Operation Enduring Freedom.
6. Her final DD Form 214 shows she was retired from active duty on 30 September 2009 by reason of sufficient service for retirement.
7. Item 12f (Foreign Service) of her DD Form 214 in question shows no foreign service. Item 18 (Remarks) does not show her deployment.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the total amount of foreign service completed during the period covered by the DD Form 214 is to be recorded in item 12f. Further, this regulation provides that 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 DA Form 2166-8, Permanent Orders 344-02-44, and Permanent Orders 142-004 that she provided indicate she served in Kuwait during the period 12 June to 10 December 2002. As such, it would be appropriate to amend her DD Form 214 to show 5 months and 29 days of foreign service in item 12f and to add the entry, "SERVICE IN KUWAIT FROM 20020612-20021210" to item 18 of her DD Form 214.
2. Regulatory policy does not provide for showing the period of mobilized service. As such, there is no basis for adding her period of mobilized service to her DD Form 214.
3. In view of the foregoing, the applicant is entitled to have her records corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending her DD Form 214 to show 5 months and 29 days of foreign service in item 12f; and
b. adding the entry, "SERVICE IN KUWAIT FROM 20020612-20021210" to item 18 of her DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding her period of mobilized service to her DD Form 214.
_______ _ 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.
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