IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017761
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 of Items 12f (Foreign Service) and 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in support of Operation Enduring Freedom (OEF) in 2002.
2. The applicant states, in effect, that her DD Form 214 does not reflect her service in support of OEF in 2002.
3. She provides:
* assignment orders for OEF, dated 5 January 2002
* memorandum for personnel deployed in support of OEF
* DD Form 214
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 applicants military record shows she enlisted in the Regular Army on 21 June 2001. She completed training and was awarded military occupational specialty 31B (Military Police).
3. She provided a copy of Permanent Orders 005-1, dated 5 January 2002, showing a Temporary Change of Station in support of OEF and return, effective on or about 6 January 2002.
4. She was honorably discharged from active duty on 13 July 2005, in pay grade E-5, due to disability with severance pay. She was credited with completing
4 years and 23 days of net active service and no time lost.
5. She was issued a DD Form 214 showing in:
* Item 12f the entry 1 year
* Item 18 the entry "Deployed in Iraq 030315-040314"
6. A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service:
* Afghanistan from 10 January 2002 through 31 January 2002
* Kuwait/Iraq from 27 March 2003 through 18 March 2004
7. 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 for:
* Item 12 enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18 for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Afghanistan from 10 January through 31 January 2002, a period of 22 days. Her DD Form 214 also shows she served in Iraq for 1 year. Therefore, Item 12f of her DD Form 214 should be corrected to show she served a total of 1 year and 22 days of foreign service. Item 18 of her DD Form 214 should also be corrected to show the entry "SERVICE IN AFGHANISTAN FROM 20020110-20020131."
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:
a. deleting the entry "0001 00 00" from item 12f of the applicant's
DD Form 214 and adding the entry "0001 00 22" and
b. adding the entry "SERVICE IN AFGHANISTAN FROM 20020110-20020131" to item 18 of 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.
ABCMR Record of Proceedings (cont) AR20110017761
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ABCMR Record of Proceedings (cont) AR20110017761
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