IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120008994
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 DA Form 2-1 (Personnel Qualification Record) to show her dates of service in Haiti as 16 October 1994 to 10 January 1995 instead of 2 December 1994 to 10 January 1995.
2. The applicant states:
* while serving on active duty in the Army she was raped in 1981, by two Soldiers
* the military did not apprehend anyone and she started using drugs trying to forget the pain
* she deployed to Haiti and due to the living conditions it brought back memories of being raped
* she couldn't sleep at times, afraid of it happening again
* at times she would go into the supply room and break down crying because of all of the terror she was seeing and had been through
* when she returned from Haiti to the U.S. she had a nervous breakdown in September 1995
* she was hospitalized at Walter Reed for approximately 9 months
* she was hospitalized at several other military hospitals and civilian facilities in New Jersey
* the date on her "military record" showing her tour of duty in Haiti from 2 December 1994 to 10 January 1995 is incorrect
* it should show 16 October 1994 to 10 January 1995
3. The applicant provides:
* Self-authored Statement (Undated)
* Army Review Boards Agency Letter, dated 25 October 2011
* Notification of her Combat Related Special Compensation Claim, dated 29 May 2009
* DA Form 2-1
* Orders 21-11, dated 3 February 1995
* Transition Processing Physical Disability Information
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Notification of Placement on the Temporary Disability Retired List (TDRL), dated 18 July 1996
* Department of Veterans Affairs (VA) Rating Decision and Notification
* VA Letter, dated 16 March 2012
* VA Letter, dated 14 November 2008
* One page of a Memorandum for the Physical Evaluation Board Liaison Officer, dated 1 July 1996
* Page 2 of Orders 207-0006, dated 25 July 1996
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. She enlisted in the Regular Army (RA) for 3 years on 5 September 1979. She completed training as an automated logistics specialist. She remained on active duty through continuous reenlistments.
3. On 27 August 1996, the applicant was retired and was placed on the Temporary Disability Retired List (TDRL) as a result of a physical disability. She completed 16 years, 11 months, and 20 days of net active service this period. She was removed from the TDRL and permanently retired due to physical disability on 12 September 2000.
4. The applicant submitted a copy of her DA Form 2-1. Item 5 (Oversea Service) shows her dates in Haiti as 2 December 1994 through 10 January 1995. Item 27 (Remarks) reads "Duty in imminent danger area Haiti 16 December 1994 10 January 1995.
5. The applicant's DA Form 2-1 is the only document contained in her official record and the only document she submitted showing her dates of service in Haiti.
6. A DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Armys personnel life-cycle function of sustainment. When the DA Form 2-1 is no longer active; it is no longer updated.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. Her supporting evidence has been considered.
2. The DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Armys personnel life-cycle function of sustainment. When the applicant retired on
12 September 2000, her DA Form 2-1 became inactive. Therefore, it is no longer appropriate to update this form.
3. In view of the foregoing, the applicant's request should be denied. However, if the applicant can provide evidence to support her contention she served in Haiti from 16 October 1994 to 10 January 1995, she may submit an application to have that deployment added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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) AR20120008994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120008994
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