IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20110024252
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she:
* deployed from July to September 2009 during Operation Enduring Freedom (OEF)
* attended training for a 12-month language course in Arabic from January 2008 through January 2009
2. She states her supporting documents were lost when she moved.
3. She did not provide any additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she enlisted in the Regular Army on 4 October 2006. After completion of training, he served in military occupational specialty 68W (Health Care Specialist).
2. Her record contains an Enlisted Record Brief (ERB) which shows the following information:
* Section I (Assignment Information) no indication of oversea service or a combat deployment
* Section V (Foreign Language) indicates she scored 131 points on the Defense Language Aptitude Battery (DLAB)
* Section VI (Military Education) no indication of admission to the Basic Language Program (BLP) or attendance at the Defense Language Institute Foreign Language Center (DLIFLC), Presidio of Monterey, CA
3. She was honorably released from active duty on 3 October 2010 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining service obligation. The DD Form 214 she was issued does not show she completed any type of language training nor does it show she completed any foreign service or list service in a designated hostile fire pay (HFP)/imminent danger pay (IDP) area.
4. An email from the Defense Finance and Accounting Service (DFAS), dated 20 June 2012, shows a review was done of her Military Master Pay Account (MMPA) and it did not reveal she received HFP/IDP and combat zone tax exclusion for serving in an imminent danger area (Iraq, Afghanistan, or Kuwait) at any time during her military career.
5. The U.S. Military website states the DLAB is a test used by the Department of Defense to test an individual's potential for learning a foreign language. It is used to determine who may pursue training as a military linguist. It consists of
126 multiple-choice questions and the test is scored out of a possible 176 points. For admission to the BLP for Arabic, a minimum score of 100 is required.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.
a. Item 12f is obtained from the ERB and shows the total amount of foreign service completed during the period covered by the DD Form 214.
b. Item 14 (Military Education) is obtained from the ERB and lists all in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.
c. Item 18 (Remarks) will show the inclusive dates and country for an active duty Soldier who deployed with his or her unit during their continuous period of active service.
7. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the
ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214 to show she deployed in support of OEF and that she completed the BLP for Arabic was carefully considered.
2. While it is understandable that her supporting documentation was lost during transition, by regulation the ABCMR begins it consideration of each case with a presumption of regularity. The burden of proving otherwise rests with the applicant. Further, the ABCMR is not an investigative body and considers cases based on the evidence and records that are provided.
3. Her official military personnel records do not contain any evidence that she completed training for Arabic. As a result, there is insufficient evidence to correct her DD Form 214 to show this training.
4. Furthermore, a review of her MMPA failed to reveal she received HFP/IDP and combat tax exclusion at any time during her military career. As such, there is insufficient evidence to correct her DD Form 214 to show she deployed in support of OEF.
5. In view of the foregoing, she is not entitled to the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110024252
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ABCMR Record of Proceedings (cont) AR20110024252
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