IN THE CASE OF:
BOARD DATE: 27 August 2014
DOCKET NUMBER: AR20130021183
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:
a. her overseas service in Saudi Arabia and
b. award of the Army Achievement Medal (AAM).
2. The applicant states:
* she served in Saudi Arabia for approximately 6 months
* her AAM is not recorded on her DD Form 214
* the Army was in a hurry to discharge people and did not pay attention to detail
3. The applicant provides:
* DA Form 638 (Recommendation for Award)
* medical record
* marriage certificate
* DD Form 214
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 on 3 September 1998 and trained as a wheel vehicle repairer. On 28 September 2001, she was honorably discharged by reason of physical disability with severance pay.
3. Item 12f (Foreign Service) of her DD Form 214 shows the entry "0000 00 00."
4. Item 18 (Remarks) of her DD Form 214 does not show any deployments.
5. Her DD Form 214 shows she was awarded or authorized the:
* Army Good Conduct Medal
* Army Service Ribbon
6. There are no orders for the AAM in the available records.
7. She provides the first page of a DA Form 638, dated 21 April 2000, which shows she was recommended for award of the AAM for meritorious achievement for the period 15 February 2000 to 21 April 2000. However, the second page of this form is not available showing the orders issuing authority and it cannot be determined if this award was approved.
8. The Defense Finance and Accounting Service (DFAS) confirmed she received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion for service in Saudi Arabia from 19 September 2000 through 12 January 2001 (a period of 3 months and 25 days).
9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The regulation stated that for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. This regulation further specified to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirmed the applicant received HFP/IDP for service in Saudi Arabia from 19 September 2000 through 12 January 2001 for a total of 3 months and 25 days of foreign service. Therefore, this information is accepted as sufficient evidence to correct items 12f and 18 of her DD Form 214 to show this foreign deployed service.
2. There are no orders cited for the AAM in the available records. In the absence of orders, the first page of the DA Form 638 provided by the applicant alone is not sufficient as a basis for adding this award to her DD Form 214. Regrettably, there is an insufficient evidentiary basis for granting the applicant's request to add award of the AAM to her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
a. deleting from item 12f of her DD Form 214 the current entry and replacing it with the entry "0000 03 25," and
b. adding the entry "SERVICE IN SAUDI ARABIA FROM 20000919-20010112" to item 18 of her DD Form 214.
2. The Board further determined 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 adding award of the AAM to her DD Form 214.
_____________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) AR20130021183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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