IN THE CASE OF:  	

		BOARD DATE:  	 22 September 2015

		DOCKET NUMBER:  AR20150002838


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 Honduras. 

2.  The applicant states her DD Form 214, for the period ending 1 May 2008, does not show her deployment to Honduras.  The award(s) she received are listed on her DD Form 214 but not the tour as it was an oversight by the transition team.

3.  The applicant provides copies of her DD Form 214, for the period ending 
1 May 2008; DA Form 4037 (Officer Record Brief); Orders 289-060, dated 
16 October 2003; Orders 146-049, dated 25 May 2004; and DA Form 638 (Recommendation for Award), dated 12 October 2004.

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.  On 8 April 2002, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant in the medical corps with an area of concentration of 70B (Health Services Administration).  Upon acceptance of her appointment, she was ordered to active duty with temporary duty beginning on 15 July 2002.  

3.  On 1 May 2008, the applicant was honorably discharged from active duty, by reason of miscellaneous/general reasons and was transferred to the Joint Force Headquarters, Florida Army National Guard.  She had 5 years, 9 months, and 
22 days of net active service this period.  Her DD Form 214 shows in:  

     a.  Item 12f (Foreign Service) “0001  02  10" which represents 1 year, 
2 months, and 10 days of foreign service time. 

     b.  Item 18 (Remarks) shows service in Iraq, Afghanistan, and Uzbekistan, but no service in Honduras.  The sum of the foreign service shown for all three totals the time shown in Item 12f. 

4.  The applicant provides Orders 289-060, issued by Headquarters, 
XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, dated 16 October 2003, deploying her for temporary duty with the purpose of participation in support of Joint Task Force-Bravo (JTF-B) for a period of 179 days with a reporting date of on or about 26 October 2003.  It also stated that she was deployed in a temporary change of station (TCS) and would be assigned to Honduras in support of U.S. presence.

5.  She provides Orders 146-049, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, dated 25 May 2004, amending Order 289-060 in changing the number of days from "179" to "179 (extendable up to 365 days)." 

6.  She provides DA Form 638, dated 12 October 2004, recommending her for an Army Commendation Medal (ARCOM) for exceptionally meritorious service as the Company Commander, Medical Element, JTF-B, from 5 November 2003 to 2 November 2004.  This recommendation was approved on 29 October 2004 by Permanent Orders 293-04 by the JTF-B Commander.

7.  A review of her DA Form 4037, that she provided and which was in her record, shows an assignment to Honduras from 5 November 2003 to 
2 November 2004.  It also shows an overseas/deployment to "HO" (Honduras) for 12 months with an end date of 2 November 2004.
8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It 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 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.  The applicant request for correction of her DD Form 214 to show her foreign service in Honduras has been carefully considered.

2.  The available evidence she provided and contained in her record indicates she was ordered to deploy in support of JTF-B with duty in Honduras from 5 November 2003 to 2 November 2004.  She further was awarded the ARCOM for that service. 

3.  The foreign service time (item 12f) listed on her DD Form 214 only accounts for her service in Iraq, Afghanistan, and Uzbekistan; it does not show the time for her service in Honduras of 11 months and 27 days.  This time, if added to the current service time in item 12f would result in a total of 2 years, 2 months, and 8 days of foreign service on her DD Form 214 item 12f entry.

4.  In accordance with applicable Army regulations, her DD Form 214 should be corrected to show her period of service in Honduras.  As a result, the applicant’s DD Form 214 should be corrected as recommended below.







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 amending her DD Form 214 by:

* deleting the current  entry in item 12f and adding the entry "0002  02  08"
* adding to item 18, the entry "SERVICE IN HONDURAS FROM 
20031105-20041102"



      _______ _   _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)                                         AR20130001395



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ABCMR Record of Proceedings (cont)                                         AR20150002838



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