IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110018046
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 deployment for Operation Iraqi Freedom (OIF) II.
2. She states she cannot receive veterans' benefits without proof of deployment on her DD Form 214.
3. She provides her DD Form 214, a memorandum, orders, and her social security card.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 5 June 1997, the applicant enlisted in the Regular Army.
3. Her Enlisted Record Brief (ERB) shows she was assigned to the 1st Combat Support Command, Harvey Barracks, Germany, on 17 April 2002 and served with this unit until she was discharged. The unit identification code (UIC) for this unit is WAMQAA. Her ERB does not show she deployed for OIF.
4. On 31 May 2005, she was honorably discharged after completing 7 years, 11 months, and 26 days of net active service.
5. Her DD Form 214 shows she completed 3 years, 1 month, and 14 days of foreign service. It does not show she deployed for OIF.
6. During the processing of this case, an analyst at the Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay and combat-zone tax exclusion from 9 February 2004 through 28 January 2005 for service in Kuwait.
7. She provides:
a. a memorandum, Headquarters and Headquarters Company, Division Support Command, 1st Infantry Division (Mechanized), dated 25 May 2005, subject: Operation Iraqi Freedom II, showing she deployed in support of OIF II from 9 February 2004 to 27 January 2005; and
b. Headquarters, 1st Infantry Division, orders, dated14 January 2004, showing UIC WAMQAA was ordered to proceed on temporary change of station on or about 7 February 2004 from Germany to the U.S. Central Command area of responsibility with assignment to the Coalition Forces Land Component Command/Combined Joint Task Force 7 in support of OIF II.
8. Army Regulation 635-5 (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 an active duty Soldier deployed with his or her unit during his or her continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The record shows the applicant deployed with her unit to Kuwait in support of OIF II and served there from 9 February 2004 through 28 January 2005. She is entitled to correction of her DD Form 214 to show this deployed service.
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 adding the statement "SERVICE IN KUWAIT FROM 20040209-20050128" 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) AR20110018046
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ABCMR Record of Proceedings (cont) AR20110018046
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