IN THE CASE OF:	  

		BOARD DATE:  11 September 2012

		DOCKET NUMBER:  AR20120004985 


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) for the period ending 11 June 2008 to show her dates of service in Kosovo as 26 November 2005 through 3 December 2006 in item 18 (Remarks).

2.  The applicant states:

* she served in Kosovo from 26 November 2005 to 3 December 2006
* her DD Form 214 shows she served in Kosovo for 1 week and she was there for over a year

3.  The applicant provides:

* DD Form 214
* mobilization orders
* deployment orders
* two officer evaluation reports (OER's)

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 was ordered to active duty for mobilization as a member of the Army National Guard on 11 July 2005 in support of Kosovo Force.  Orders show she was further deployed to Kosovo on 26 November 2005.  She served as an Inspector General in Kosovo and she was released from active duty on 11 June 2008.

3.  Item 18 of her DD Form 214 shows she served in Kosovo from 26 November 2006 to 3 December 2006.  Her DD Form 214 shows she completed 1 year and 8 days of foreign service.

4.  She provided OER's for the periods 11 July 2005 through 30 June 2006 and 11 July 2006 through 4 January 2007 that show she was assigned to Kosovo.

5.  The Defense Finance and Accounting Service (DFAS) shows the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion while deployed to Macedonia from December 2005 to December 2006.

DISCUSSION AND CONCLUSIONS:
1.  The applicant contends her dates of service in Kosovo shown in item 18 of her DD Form 214 are incorrect because she served in Kosovo from 26 November 2005 to 3 December 2006, a total of 1 year and 8 days.

2.  The DFAS records, her mobilization and deployment orders, her two OER's, and the entry on her DD Form 214 which shows she completed 1 year and 8 days of foreign service are accepted as sufficient evidence with which to amend item 18 of her DD Form 214 for the period ending 11 June 2008 to show she served in Kosovo from 26 November 2005 to 3 December 2006.









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 deleting the entry "SERVICE IN KOSOVO 20061126-20061203" from item 18 of her DD Form 214 for the period ending 11 June 2008 and replacing it with the entry "SERVICE IN KOSOVO FROM 20051126-20061203."



      __________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)                                         AR20120004985



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ABCMR Record of Proceedings (cont)                                         AR20120004985



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