IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140010120 


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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty to reflect her second deployment and all of her foreign service.

2.  The applicant states, in effect, that her second deployment to Iraq and all of her foreign service are not reflected on her DD Form 214.  She states she served in Iraq from February 2007 to April 2008 and she estimates her foreign service should total 2 years, 6 months not 1 year and 8 months. 

3.  The applicant provides a copy of her deployment orders and 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 was commissioned as a U.S. Army Reserve second lieutenant on 2 May 2001 and was ordered to active duty on 19 May 2001.  

3.  The applicant's Officer Record Brief (ORB) shows in Section I (Assignments Information – Overseas/Deployment/Combat Duty) that she served in Germany for 20 months and the end date of this foreign service tour was 12 October 2004.  She was assigned to multiple aviation units during this period.  She deployed to Iraq for 15 months and her end date is shown as 24 July 2005.  Her ORB shows she served 2 combat duty tours; however, the second deployment period and location is not listed. 

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 6 February 2007 to 20 April 2008 for a period of 1 year, 2 months and 15 days for Kuwait.  (DFAS did not confirm HF/IDP and CZTE for her first combat tour.) 

5.  On 1 September 2008, she was honorably discharged and transferred to the U.S. Army Reserve (Reinforcement).  She served 7 years, 3 months and 13 days of active service.  Her DD Form 214 issued at the time of her discharge shows only one deployment to Kuwait/Iraq for the period 24 April 2003 through 24 July 2004.  Item 12f (Foreign Service) shows she served only 1 year and 8 months of foreign service.  

6.  The applicant provided Orders 130-615 issued by Headquarters, 1st Infantry Division, Fort Riley, KS on 10 May 2007 that show she deployed with her unit (Headquarters and Headquarters Company, 610th Combat Support Battalion) to support Operation Iraqi Freedom (OIF) 07-09 effective 5 February 2007.  

7.  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 and states for:

   a. Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  
   
   b.  Item 18, 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:

1.  While serving in Germany, it appears the applicant deployed with her unit to support OIF and served in Kuwait/Iraq as shown on her DD Form 214.  Her cumulative foreign service for both her first deployment and service in Germany is 1 year and 8 months.    

2.  After her reassignment to Fort Riley, KS, DFAS confirmed she received HF/IDP and CZTE from 6 February 2007 to 20 April 2008 for a period of 1 year, 2 months and 15 days for Kuwait.  Evidence provided by the applicant shows her unit deployed in support of OIF 07-09 to Iraq.  Thus, it would be appropriate to correct her DD Form 214 to show this second period of foreign service.  Therefore, her cumulative foreign service that includes foreign service in Germany and her two combat tours is 2 years, 10 months, and 15 days.  In addition, she is entitled to have her second deployment period and location added to her DD Form 214 in item 18.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry “0001  08  00” in item 12f 
* adding the entry “0002  10  15” in item 12f 
* adding the entry “Service in Iraq from 20070206–20080420” in item 18 

2.  The Board wants the applicant and all others to know that the sacrifices she made in service to the United States during the Global War on Terrorism are 


deeply appreciated.  The applicant and all Americans should be justifiably proud of her service in arms.



      _______ _   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)                                         AR20140010120



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ABCMR Record of Proceedings (cont)                                         AR20140010120



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