BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140017179
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 item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her correct dates of service in Iraq.
2. The applicant states item 18 of her DD Form 214 shows she served in Iraq from 24 February through 3 March 2011. However, she served in Iraq from 24 February through 30 October 2011.
3. The applicant provides copies of the following:
* Enlisted Record Brief (ERB)
* DA Form 638 (Recommendation for Award)
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 27 May 2009. She was awarded military occupational specialty 68X (mental health specialist).
3. Section I (Assignment Information) of her ERB shows she served in Iraq from 24 February through 30 October 2011.
4. A DA Form 638, dated 16 September 2011, shows she was recommended for award of the Army Commendation Medal for exceptionally meritorious service in Iraq from 24 February through 21 December 2011. Permanent Orders Number 260-012 approved the award on 29 September 2011.
5. On 26 May 2013, she was released from active duty and transferred to a Reserve unit. She was credited with completing 4 years of active service. Her DD Form 214 lists in:
* Item 12f (Foreign Service) 8 months and 7 days
* Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with 1 bronze service star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Item 18 (Remarks) Service in Iraq: "20110224-20110303"
6. On 20 October 2014, a staff member of the Defense Finance and Accounting Services (DFAS) verified the applicant received hostile fire/imminent danger pay for service in Kuwait/Iraq from 24 February through 29 October 2011, a period of 8 months and 6 days.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of retirement, discharge, or release from active duty. The regulation stated:
* Item 12f - would list the total credit for foreign service completed during the period covered by the DD Form 214
* Item 18 - for active duty Soldiers deployed with their units will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty on 26 May 2013. She was issued a DD Form 214 crediting her with 8 months and 7 days of foreign service for her service in Iraq. Item 18 of this form showed she served in Iraq from 24 February through 3 March 2011, a period of 7 days.
2. DFAS verified she served in Kuwait/Iraq from 24 February through 29 October 2011. Therefore, item 18 of her DD Form 214 should be corrected to show this service.
3. In view of the foregoing, she is not entitled to correction of item 18 to show she served in Iraq through 30 October 2011.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X__ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting from item 18 of this form the entry, "Service in Kuwait/Iraq: 20110224-20110303" and replacing it with the entry, "Service in Kuwait/Iraq: 20110224-20111029."
2. The Board further determined that 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 correcting her DD Form 214 to show she served in Iraq through 30 October 2011.
_______ 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) AR20140017179
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140017179
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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