IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120011592
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her Gulf War service.
2. The applicant states her military record must be corrected to show her deployment to Camp Doha, Kuwait before she can receive disability benefits.
3. The applicant provides:
* Self-Authored Statement
* National Personnel Records Center (NPRC) Letter, dated 26 September 2011
* Two DD Forms 214 for the period ending 11 June 1999
* Honorable Discharge Certificate
* Five Leave and Earnings Statements (LES) (June October)
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. Records show the applicant enlisted in the Regular Army on 14 February 1996. She was trained in and awarded military occupational specialty 92A (Automated Logistical Specialist).
3. The applicant's LESs for the pay periods 1 June through 30 September 1997 show she received hostile fire and imminent danger (HFP/IDP) pay. Her LES for the period 1 31 October 1997 shows her HFP/IDP was stopped.
4. The applicant's Army Military Human Resource Record (AMHRR) does not include a copy of deployment orders reassigning her to any foreign service locations.
5. On 11 June 1999, she was discharged under general conditions. The DD Form 214 issued to her at that time shows she completed 3 years, 3 months, and 28 days of creditable active duty service. Item 12f (Foreign Service) of this DD Form 214 contains the entry "0000 00 00" indicating she did not complete any foreign service. Item 18 (Remarks) does not include any foreign service entries.
6. She provides a second DD Form 214 covering the period 14 February 1996 through 11 June 1999. It shows the characterization of her service was upgraded from general to honorable on 10 September 2004.
7. Review of the Gulf War Deployment Roster confirms the applicant served in the Gulf War area of operations from 1 June through 30 September 1997.
8. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states in:
a. Item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. Item 18 (Remarks) 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)."
DISCUSSION AND CONCLUSIONS:
The applicant's LESs and the Gulf War Roster corroborate her claim that she deployed to Kuwait. These documents combined confirm she completed
4 months of foreign service in a combat zone from 1 June 30 September 1997. Accordingly, her DD Form 214 should be corrected to show in:
* item 12f "0000 04 00"
* item 18 "SERVICE IN KUWAIT FROM 1 JUNE - 30 SEPTEMBER 1997"
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. deleting the current entry in item 12f of her DD Form 214 and replacing it with the entry "0000 04 00"; and
b. adding to item 18 of the DD Form 214 the entry "SERVICE IN KUWAIT FROM 1 JUNE 30 SEPTEMBER 1997."
_______ _ __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) AR20120011592
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ABCMR Record of Proceedings (cont) AR20120011592
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