IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110005389
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 military service in Iraq during Operation Iraqi Freedom (OIF).
2. The applicant states item 18 (Remarks) on her DD Form 214 does not identify her military service with Headquarters and Headquarters Detachment, 709th Military Police (MP) Battalion of the 18th Military MP Brigade during OIF in Bagdad from February 2003 through February 2004.
3. The applicant provides:
* DD Form 214
* Order # 42-28 dated 11 February 2003
* Memorandum for Record with attached "Alpha Roster" dated 1 January 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 on 4 December 1984. She completed training as a unit supply specialist. She remained on active duty through extensions and reenlistments.
3. The applicant retired from the Army on 31 July 2005. Item 18 on the DD Form 214 she received does not show she had service in Iraq.
4. The applicant submits copies of Orders #42-28 showing she had a temporary change of station from Germany to Kuwait effective on or about 28 February 2003. She also submits a MFR and an "Alpha Roster" showing she is authorized to wear Shoulder Sleeve Insignia for former wartime service.
5. Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, she received hostile fire/imminent danger pay for service in Kuwait/Iraq from 6 March through 25 July 2003.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge. It states 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 item 18 (Remarks). Only deployment in an imminent danger/hostile fire zone will be reflected.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. Her supporting documents have been considered.
2. The available evidence does not show the applicant served in Iraq from February 2003 to February 2004.
3. Information obtained from DFAS reveals she received hostile fire/imminent danger pay for service in Kuwait/Iraq from 6 March 2003 through 25 July 2003. Her foreign service and her dates of deployment should be shown on her DD Form 214.
4. In view of the foregoing, the applicant's records should be corrected as recommended 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 amending item 18 on her DD Form 214 to show "SERVICE IN KUWAIT/IRAQ FROM 20030306-20030725."
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 amending item 18 on her DD Form 214 to show she served in Iraq from February 2003 to February 2004.
________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) AR20110005389
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ABCMR Record of Proceedings (cont) AR20110005389
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