BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20150001666
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 April 2004 to reflect her deployment to Kuwait in support of Operation Desert Spring.
2. The applicant states her deployment in a Temporary Change of Station (TCS) status to Kuwait is not shown in item 18 (Remarks) of her DD Form 214. She is currently serving on active duty and having her deployment reflected on her DD Form 214 justifies the wearing of her combat patch on her uniform. Also, when it is time to transition, there will be no discrepancies in her record.
3. The applicant provides:
* Deployment orders
* Manifest
* DA Form 4980-18 (Army Achievement Medal 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. She is currently a member of the U.S. Army Reserve serving in the rank of sergeant first class/E-7 in an Active Guard Reserve status.
3. The applicant enlisted in the Regular Army on 12 January 2000.
The applicant provides Headquarters, 1st Cavalry Division, Fort Hood, TX, Permanent Orders 321-16, dated 18 November 2000, which shows "All manifested personnel are attached on TCS to Headquarters and Headquarters Company, 2nd Battalion, 5th Cavalry, 1st Brigade, 1st Cavalry Division, Fort Hood, TX, for quarters, rations, administration and UCMJ [Uniform Code of Military Justice] actions for the duration of the deployment to Operation Desert Spring 01-01, Doha, Kuwait." She also provides a manifest for 5th Platoon, 115th Forward Support Battalion that shows her name.
4. The applicant's record contains, and she also provides, a DA Form 4980-18, which shows she was awarded the Army Achievement Medal for exemplary service during the period 15 December 2000 to 21 April 2001 while deployed to Operation Desert Spring 01-01. The authority for this award is Headquarters, 2nd Battalion, 5th Cavalry, Fort Hood, TX, Permanent Orders Number 99-111.
5. She was honorably released from active duty on 8 April 2004. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of her DD Form 214 shows, in part, award of the Army Achievement Medal (2nd Award) and the Armed Forces Expeditionary Medal. Item 12f (Foreign Service) shows that she had completed 3 months and 20 days of foreign service. Item 18 (Remarks) does not show that she deployed overseas.
6. The Defense Finance and Accounting Service confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Kuwait from 19 December 2000 to 18 April 2001. The applicant provides Leave and Earnings Statements for the period 1 December 1999 through 31 May 2000 which further corroborates this information.
7. Operation Desert Spring was part of an ongoing operation in Kuwait by the United States that was established on 31 December 1998, following Operation Desert Storm and Operation Desert Shield. The mission objective was to maintain a forward presence and provide control and force protection over the military in Kuwait. Operation Desert Spring ended with the beginning of Operation Iraqi Freedom on 18 March 2003.
8. 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. Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to enter:
a. in item 12c, the total amount of foreign service completed during the period covered; and
b. in item 18, for an active duty Soldier deployed 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)" in the remarks block.
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant was deployed to Kuwait from 19 December 2000 to 18 April 2001. Therefore, she is entitled to correction of item 18 of her DD Form 214 to show this foreign service.
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 the entry "SERVICE IN KUWAIT FROM 20001219-20010418" to item 18 of her DD Form 214 for the period ending 8 April 2004.
_______ _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) AR20150001666
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ABCMR Record of Proceedings (cont) AR20150001666
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