IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110013403
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 service in Afghanistan be shown in Block 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states this information was omitted when she retired.
3. The applicant provides:
* DD Form 214
* DA Form 638 (Recommendation for Award) with Certificate
* DA Form 2166-8 (NCO [Noncommissioned Officer] Evaluation 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 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 is a retired Regular Army master sergeant who retired on 31 January 2004. Her DD Form 214 does not show service in Afghanistan.
3. The applicant received an Army Commendation Medal as the Operations Noncommissioned Officer-in-Charge, 129th Logistical Task Force, Bagram, Afghanistan from April to October 2002.
4. The applicant's Military Master Pay Account (MMPA) shows she received hostile fire/imminent danger pay (HF/IDP) and a Combat Zone Tax Exclusion (CZTE) from 8 April 2002 through 7 October 2002.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and provides:
* Block 18 is used for Headquarters, Department of the Army (HQDA) mandatory requirements when a separate block is not available, and as a continuation for entries in other blocks
* HQDA requires the following mandatory entry for an active duty Soldier deployed with his or her unit during their continuous period of active service:
* SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)
DISCUSSION AND CONCLUSIONS:
The applicant served in Afghanistan during the period 20020408 20021007. This information should be shown on her DD Form 214.
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 adding to Block 18 of her DD Form 214 the following:
* SERVICE IN AFGHANISTAN FROM 20020408 20021007
_______ _ _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) AR20110013403
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013403
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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