IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004985
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) for the period ending 11 June 2008 to show her dates of service in Kosovo as 26 November 2005 through 3 December 2006 in item 18 (Remarks).
2. The applicant states:
* she served in Kosovo from 26 November 2005 to 3 December 2006
* her DD Form 214 shows she served in Kosovo for 1 week and she was there for over a year
3. The applicant provides:
* DD Form 214
* mobilization orders
* deployment orders
* two officer evaluation reports (OER's)
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 was ordered to active duty for mobilization as a member of the Army National Guard on 11 July 2005 in support of Kosovo Force. Orders show she was further deployed to Kosovo on 26 November 2005. She served as an Inspector General in Kosovo and she was released from active duty on 11 June 2008.
3. Item 18 of her DD Form 214 shows she served in Kosovo from 26 November 2006 to 3 December 2006. Her DD Form 214 shows she completed 1 year and 8 days of foreign service.
4. She provided OER's for the periods 11 July 2005 through 30 June 2006 and 11 July 2006 through 4 January 2007 that show she was assigned to Kosovo.
5. The Defense Finance and Accounting Service (DFAS) shows the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion while deployed to Macedonia from December 2005 to December 2006.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her dates of service in Kosovo shown in item 18 of her DD Form 214 are incorrect because she served in Kosovo from 26 November 2005 to 3 December 2006, a total of 1 year and 8 days.
2. The DFAS records, her mobilization and deployment orders, her two OER's, and the entry on her DD Form 214 which shows she completed 1 year and 8 days of foreign service are accepted as sufficient evidence with which to amend item 18 of her DD Form 214 for the period ending 11 June 2008 to show she served in Kosovo from 26 November 2005 to 3 December 2006.
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 deleting the entry "SERVICE IN KOSOVO 20061126-20061203" from item 18 of her DD Form 214 for the period ending 11 June 2008 and replacing it with the entry "SERVICE IN KOSOVO FROM 20051126-20061203."
__________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) AR20120004985
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004985
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020607
The applicant requests: a. an amendment to item 12b (Separation Date This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2006 to show she separated on 1 November 2008; b. to be awarded all Active Duty (AD) points she would have earned had she separated on 1 November 2008; and c. all due back pay as a result of these corrections. Also during this period, a memorandum from JFHQ, AG Department, Subject: Notification of Approved...
ARMY | BCMR | CY2006 | 20060012172
The applicant stated that the letter of notification shows that the Board convened on 28 February 2006, Docket Number AR2005001072 and determined that her records would be corrected to shows award of the Global War on Terrorism Expeditionary Medal instead of the Kosovo Campaign Medal based on her period of qualifying service in Kosovo in support of Operation Enduring Freedom. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is...
ARMY | BCMR | CY2011 | 20110004078
The applicant states, in effect, that she served two tours in Afghanistan and one tour in Iraq and she was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Afghanistan Campaign Medal (ACM) for her deployments. She completed 1 year, 3 months, and 27 days of net active service this period. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) in designated specific geographic areas of...
ARMY | BCMR | CY2009 | 20090005619
She states she was more than willing to take another Pap smear after the administrative board was completed because she had been medically and educationally counseled as to what a Pap smear was and what it entailed. A Minority Report from a member of the board, dated 23 March 2007, addressed to the separation authority stated that based on the facts and evidence in the case the applicant should not be separated. The discharge authority stated that he determined the applicant did not...
ARMY | BCMR | CY2008 | 20080009466
List additional specialty numbers and titles involving periods of one or more years]) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 31 March 2008, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show his primary specialty was 89E (Explosive Ordnance Disposal). It was noted that item 17 (Primary Military Occupational Specialty) of the NGB Form 22 (Report of Separation and Record...
ARMY | BCMR | CY2008 | 20080014882
IN THE CASE OF: BOARD DATE: 11 December 2008 DOCKET NUMBER: AR20080014882 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's ERB, dated 1 November 2004, shows she was awarded two ARCOMs, three AAMs, two Army Good Conduct Medals, the National Defense Service Medal, the Kosovo Campaign Medal, the NPDR, the Army Service Ribbon, the NATO Medal, the GWOTSM, the GWOTEM, and the Driver/Mechanic Badge. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100025274
The applicant requests: a. removal of her DA Forms 67-9 (Officer Evaluation Report) for the periods 5 November 2003 through 4 June 2004 and 5 June 2004 through 25 February 2005 [herein referred to as the contested OERs] from her Official Military Personnel File (OMPF). She also states she/her: * has been in the U.S. Army Reserve (USAR) for the past 26 years and performed excellent prior to working in an active duty unit * two contested OERs used for the LTC APL board were inaccurate, didnt...
ARMY | BCMR | CY2008 | 20080008179
The evidence of record clearly shows that the applicant served overseas during the periods from 16 January to 20 July 2005 and from 12 October 2005 to 17 January 2006. Furthermore, Item 18 (Remarks) of the applicants DD Form 214 is devoid of his deployed service and should be corrected to show his service in Kosovo from 6 February 2005 to 20 July 2005; and again from 12 October 2005 to 17 January 2006. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080016461
The applicant requests correction of item 12f (Foreign Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 September 2008 to show she served 5 months and 3 days of foreign service from her first mobilization from 29 December 2002 through 1 June 2003. Item 12f of her DD Form 214 for the period ending 10 September 2008 does not show any foreign service. The applicant states, in effect, that her DD Form 214 for the period ending 24 June...
ARMY | BCMR | CY2011 | 20110021711
His maximum promotion eligibility date based on his selection for promotion by the 2005 Captain AMEDD Promotion Board was established as 3 March 2008. d. He was assigned to a first lieutenant (medical services) position effective 21 September 2002. e. He was promoted to captain with a date of rank of 9 November 2007, the date which reflects his assignment to a captain position. No other first lieutenant MSC officers were available to take the position and local command policy did not allow...