BOARD DATE: 25 June 2014
DOCKET NUMBER: AR20130018741
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 her second deployment to Iraq.
2. The applicant states she served in Iraq from June 2008 to June 2009 but this deployment is not shown on her DD Form 214.
3. The applicant provides:
* DA Form 638 (Recommendation for Award), dated 28 March 2009
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the rating period 20081130 through 20090917
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's records show she enlisted in the Regular Army on 28 January 2000.
3. She was honorably discharged from active duty on 11 December 2002 by reason of disability with entitlement to severance pay. Her DD Form 214 for this period of service shows she was awarded or authorized the:
* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
4. She enlisted in the Regular Army on 12 March 2004. She served through multiple reenlistments in a variety of stateside or overseas assignments and she attained the rank of staff sergeant (SSG)/E-6. Her Enlisted Record Brief shows she served in Iraq from 4 November 2005 to 3 November 2006, a period of 1 year.
5. She was again considered by a PEB that recommended her permanent retirement by reason of disability. Accordingly, she retired on 16 October 2010 and she was placed on the Retired List on 17 October 2010. Her DD Form 214 shows she completed 6 years, 7 months, and 5 days of active service during this period. It also shows in:
* Item 12f (Foreign Service) - the entry "0002-00-15"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - she was awarded or authorized the:
* Army Commendation Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with bronze service star
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp
* Item 18 (Remarks), in pertinent part, the entry "Service in Iraq 20051104-20061103"
6. She provides:
a. DA Form 638 assigned Permanent Orders 087-004, issued by Headquarters, Combat Aviation Brigade, Iraq, on 28 March 2009, and awarding her the Army Commendation Medal for meritorious service with the 1st Battalion, 4th Aviation Regiment in Iraq from 16 June 2008 to 15 June 2009.
b. DA Form 2166-7 for the rating period 20081130 through 20090917 while assigned to E Company, 1st Battalion, 4th Aviation Regiment, 4th Combat Aviation Brigade, Fort Hood, TX.
7. The Defense Finance and Accounting Service, Indianapolis, IN, confirmed by email, dated 25 November 2013, the applicant received hostile fire/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE) from 16 June 2008 to 4 June 2009 for service in Iraq, a period of 11 months and 20 days.
8. 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 deployed to Iraq on two separate occasions. She first deployed from 4 November 2005 to 3 November 2006 and this deployment is listed in item 18 of her DD Form 214. She then deployed again from 16 June 2008 to 4 June 2009. The second deployment is not listed. She should be entitled to correction of her DD Form 214 to show the second deployment as well.
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 adding to item 18 of her DD Form 214, ending on 16 October 2010, the entry "Service in Iraq 20080616-20090604."
_______ _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) AR20130018741
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ABCMR Record of Proceedings (cont) AR20130018741
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