IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140016751
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 foreign service in Southwest Asia (Kuwait).
2. The applicant states her DD Form 214 does not show her time spent overseas.
3. The applicant provides:
* DD Form 214
* DA Form 2-1 (Personnel Qualification Record Part II)
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 12 August 1997.
3. Her DA Form 2-1 shows she served in Kuwait during the period 18 February 1998 through 2 July 1998.
4. On 11 August 2001, she was honorably released from active duty. Her DD Form 214 shows she completed 4 years of creditable active service. Her DD Form 214 also shows in:
* item 12f (Foreign Service) 0000 04 15
* item 18 (Remarks) no deployed service
5. Defense Finance and Accounting Service (DFAS) records show she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 19 February 1998 through 3 July 1998.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. For an active duty Soldier deployed with his or her unit during their continuous period of active service, the instructions specified to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.
DISCUSSION AND CONCLUSIONS:
Although her unit recorded her service in Kuwait as 18 February 1998 through 2 July 1998, DFAS records confirm she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 19 February 1998 through 3 July 1998. Therefore, she is entitled to correction of her DD Form 214 to show her deployed service in Kuwait as 19 February 1998 through 3 July 1998.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the entry "SERVICE IN KUWAIT FROM 19980219-19980703" to item 18 of 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) AR20140016751
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ABCMR Record of Proceedings (cont) AR20140016751
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