BOARD DATE: 4 June 2014
DOCKET NUMBER: AR20130017288
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) to show in:
* Item 12f (Foreign Service) completion of 1 year of foreign service
* Item 18 (Remarks) service in an imminent danger pay/hostile fire pay (IDP/HFP) area
2. The applicant states her DD Form 214 does not reflect her service of 1 year in Iraq.
3. The applicant provides:
* DD Form 214
* DA Form 7425 (Readiness and Deployment Checklist)
* Deployment orders
* Permanent Orders Number 285-191 (Combat Action Badge)
* Certificate of the Order of the Combat Spur
* Certificate authorizing the Shoulder Sleeve Insignia - For War Time Service
* Medical/Immunization documents
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 enlisted in the Regular Army (RA) on 3 July 2002 and she held military occupational specialty 88M (Motor Transport Operator). She served through multiple reenlistments and she attained the rank/grade of sergeant (SGT)/E-5.
3. She was honorably discharged from active duty on 3 April 2010 in the rank/grade of SGT/E-5. She completed 7 years, 9 months, and 1 day of active service with no lost time. Her DD Form 214 shows in:
* Item 12f, the entry "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* U.S. Army Recruiter Badge - Gold w/three Sapphire Achievement Stars
* Combat Action Badge
* Driver and Mechanic Badge - Mechanic
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Recruiter Badge
* Item 18, no service in a IDP/HFP or combat zone tax exclusion (CZTE)
4. She provides multiple source documents, including a DA Form 7425, deployment orders, certificates, and medical/immunization documents confirming her service in Iraq with the 27th Main Support Battalion, 1st Cavalry Division from 1 April 2004 to 31 March 2005.
5. The Defense Finance and Accounting Service, Indianapolis, IN, confirmed by email, dated 21 October 2013, the applicant received IDP/HFP and CZTE from 13 March 2004 to 17 March 2005, a period of 1 year and 5 days for service in Iraq.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for:
* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
The applicant's provides multiple documents confirming her service in Iraq from April 2004 to March 2005. These dates are consistent with her DFAS pay records which confirm she received HF/IDP and CZTE from 13 March 2004 to 17 March 2005 (a period of 1 year and 5 days) for service in Iraq. Therefore, items 12f and 18 of her DD Form 214 should be corrected to show this deployment/foreign service.
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:
* deleting from item 12f of her DD Form 214 the entry "0000-00-00" and adding the entry "0001-00-05"
* adding to item 18 of her DD Form 214 the entry "Service in Iraq 20040313-20050317"
_______ _ 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) AR20130017288
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ABCMR Record of Proceedings (cont) AR20130017288
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