IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150002198
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), ending 14 January 2009, to show she was ordered to active duty in support of Operation Iraqi Freedom (OIF) instead of Operation Enduring Freedom (OEF).
2. The applicant states her DD Form 214 is incorrect.
3. The applicant provides a copy of her DD Form 214 for the period 17 January 2008 to 15 January 2009.
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 basis to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U. S. Army Reserve (USAR) on 11 April 2003. She served multiple periods of active duty with her Reserve unit and held military occupational specialty 42A (Human Resources Specialist).
3. Orders 06-065-00042, 81st Regional Readiness Command, Birmingham, Alabama, dated 6 March 2006, show she was ordered to active duty as a member of her Reserve unit effective 6 April 2006. The purpose is shown as "Mobilization for IRAQI FREEDOM (IRAQ)."
4. She was released from active duty (REFRAD) on 11 July 2007 as a sergeant (SGT)/E-5. She had completed 1 year, 3 months, and 9 days of net active service during the period covered by the DD Form 214. The Iraq Campaign Medal is listed among her awards. Item 18 (Remarks) shows she served in Iraq from 14 July 2006 to 25 June 2007.
5. Orders A-01-801222, U. S. Army Human Resources Command, Alexandria, Virginia, dated 18 January 2008, show she was ordered to active duty for operational support. She was directed to report to Fort Bragg, North Carolina on 17 January 2008. The purpose is shown as "CONTINGENCY OPERATION FOR ACTIVE DUTY OPERATIONAL SUPPORT (CO-ADOS) IN SUPPORT OF OEF/OWT."
6. She was REFRAD on 15 January 2009 as a SGT. She had completed
11 months and 29 days of active duty service during the period covered by the DD Form 214. Item 18 states, in part, "PURPOSE: CONTINGENCY OPERATION FOR ACTIVE DUTY OPERATIONAL SUPPORT (CO-ADOS) IN SUPPORT OF OEF/OWT IAW: 10 USC 12301."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was ordered to active duty in support of OEF on 18 January 2008. She was REFRAD on 15 January 2009. Her DD Form 214 shows the active duty was in support of OEF.
2. There is no available evidence showing the period of active duty ending on
15 January 2009 was in support of OIF, not OEF.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20110010197
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150002198
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