IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023684
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 to Iraq from 15 January 2007 through 2 April 2008.
2. The applicant states she deployed to Iraq from 15 January 2007 through 2 April 2008 and this is not reflected on her DD Form 214.
3. The applicant provides copies of her Enlisted Record Brief (ERB), DD Form 214, and deployment orders.
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. The applicant enlisted in the Regular Army on 29 August 2002 for a period of 5 years, training as a military policeman, and assignment to Fort Stewart, Georgia. She completed one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Fort Stewart for her first and only duty assignment.
3. Her ERB shows she deployed to Iraq from 22 October 2003 through 7 March 2004, from 12 January 2005 through 6 January 2006, and from 16 January 2007 through 2 April 2008. Her noncommissioned officer evaluation report shows her last assignment was Camp Ramadi, Iraq, for duty as a team leader of a military police platoon.
4. On 17 August 2008, she was honorably released from active duty (REFRAD) at Fort Stewart due to completion of required service. She completed 5 years, 11 months, and 19 days of active service. Her DD Form 214 issued at the time of her REFRAD shows only her first two deployments from 22 October 2003 through 7 March 2004 and from 12 January 2005 through 6 January 2006. Her last deployment from 16 January 2007 through 2 April 2008 is absent from her DD Form 214.
5. 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 that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to reflect her deployment to Iraq from 16 January 2007 through 2 April 2008 has been noted and is found to have merit.
2. She deployed to Iraq for her third tour of duty from 16 January 2007 through 2 April 2008 and this deployment was omitted from her DD Form 214 at the time of her REFRAD. Accordingly, it should be added at this time.
BOARD VOTE:
___X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 entry "SERVICE IN IRAQ FROM 20070116-20080402" to the remarks block of her DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices she made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of her service in arms.
____________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) AR20110023684
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ABCMR Record of Proceedings (cont) AR20110023684
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