IN THE CASE OF:	  

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120020590 


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 2 August 2005 to show in:

* item 12f (Foreign Service), the foreign service she completed during her period of active duty service ending 27 September 1992
* item 18 (Remarks) service in Southwest Asia from 19 March to 30 October 2003

2.  She states, in effect, her DD Form 214 for the period ending 2 August 2005 should accurately reflect the time she served overseas.  

3.  She provides:

* DD Forms 214 for periods ending 27 September 1992 and 2 August 2005
* Air Force (AF) Form 3899 (Aeromedical Evacuation Patient Record)

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.  Following a period of service in the Ohio Army National Guard, on 2 September 1986, the applicant enlisted in the Regular Army (RA).

3.  On 27 September 1992, she was honorably discharged from the RA.  Item 12f of the DD Form 214 issued at that time shows she had completed 5 years, 3 months, and 3 days of foreign service.  

4.  On 24 June 2000, she enlisted in the U.S. Army Reserve (USAR).  

5.  On 18 January 2003, the 88th Regional Support Command, Fort Snelling, MN, issued Orders M-018-0078 ordering her to active duty in support of Operation Enduring Freedom as a member of the 656th Transportation Company with a reporting date of 24 January 2003.  

6.  On 20 March 2003, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, issued Orders 079-722 assigning the 656th Transportation Company to Headquarters, U.S. Central Command in support of the Coalition Forces Land Component Command, Kuwait.  The unit's "will proceed" date was 23 March 2003.

7.  An AF Form 3899 shows:

* on 29 October 2003, she was evacuated from Balad, Iraq, to Baghdad, Iraq
* on 30 October 2003, she was evacuated from Baghdad, Iraq, to Ramstein Air Base, Germany

8.  She provides an AF Form 3899 showing that on 7 November 2003 she was found to be stable for aeromedical evacuation from Landstuhl Regional Medical Center, Germany, to Walter Reed Army Medical Center (WRAMC), Washington, DC.

9.  A third AF Form 3899 bears the date 1 December 2003 and shows the originating facility as WRAMC.  

10.  On 26 July 2005, Headquarters, U.S. Army Garrison, Fort George G. Meade, MD, issued Orders 207-0002.  The orders retired her effective 2 August 2005 and placed her on the Temporary Disability Retired List effective 3 August 2005.  The orders show she was assigned to the WRAMC Medical Holding Company.

11.  The DD Form 214 issued upon her retirement on 2 August 2005 shows in:

* item 12f – "0000  00  00"
* item 18 – "SERVICE IN SOUTHWEST ASIA 20030319-20030830"

12.  Item 18 of the DD Form 214 issued on 2 August 2005 does not contain a statement naming the operation for which she was ordered to active duty or a statement indicating she had completed the period for which she had been ordered to active duty for the purpose of post-service benefits and entitlements.  

13.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and the combat-zone tax exclusion (CZTE) for Kuwait during the period 29 March 2003 through 31 May 2004.  

14.  Army Regulation 635-5 (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 the standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 and

	b.  item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession – 

* “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)”
* “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)”
* “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS”

15.  Title 10, U.S. Code, section 12302, provides statutory authority for involuntary mobilization of USAR Soldiers.  


DISCUSSION AND CONCLUSIONS:

1.  There is no basis for granting the applicant's request for correction of item 12f her DD Form 214 for the period ending 2 August 2005 to show foreign service she completed during an earlier period of active duty.  Army Regulation 635-5 states item 12f will show foreign service completed during the period covered by the DD Form 214.  The foreign service she completed during her period of active duty service ending 27 September 1992 is properly recorded on the DD Form 214 covering that period.  

2.  Item 18 of her final DD Form 214 shows she served in Southwest Asia from 19 March to 30 August 2003.  The available evidence shows she actually served in Kuwait and Iraq until her medical evacuation to Germany on 30 October 2003.  Further, the statement showing she served in Southwest Asia should show the countries in which she served instead of the region.  It would be appropriate to correct item 18 of her DD Form 214 to show the statement "SERVICE IN KUWAIT/IRAQ FROM 20030319-20031030."

3.  It is noted that the start date shown on the DD Form 214 is not the same as that shown in DFAS records.  Any error in the start date recorded on the DD Form 214 was in her favor and should not be corrected.

4.  Her final DD Form 214 only shows one of the three entries required in item 18 for a Reserve Soldier ordered to active duty and deployed to a foreign country.  It would be appropriate to amend item 18 of her final DD Form 214 to show the following additional entries:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM/IRAQI FREEDOM PER 10 USC 12302"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS"

5.  Her final DD Form 214 does not show any foreign service in item 12f.  It would be appropriate to correct this error at this time.  Her total foreign service during this period is the sum of the period of deployed service shown in item 18 (7 months and 12 days) and the time she spent receiving medical treatment in Germany prior to her return to the United States (31 August to 7 November 2003 – 2 months and 8 days).  Based on the available records, item 12f of her final DD Form 214 should be corrected to show 9 months and 20 days of foreign service.   



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 for the period ending 2 August 2005 as follows:

	a.  replace the entry in item 12f with "0000  09  20";

	b.  delete from item 18 the entry " SERVICE IN SOUTHWEST ASIA 20030319-20030830"; and

	c.  add to item 18:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM/IRAQI FREEDOM PER 10 USC 12302"
* "SERVICE IN KUWAIT/IRAQ FROM 20030319-20031030"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 12f of her DD Form 214 for the period ending 2 August 2005 to show foreign service she completed during a prior period of active duty service.  


      ____________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)                                         AR20120020590





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ABCMR Record of Proceedings (cont)                                         AR20120020590



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