DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 


Docket No: 10575-19  
Ref: Signature Date
  
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref: (a) 10 U.S.C. § 1552 
     (b) BUPERSINST 1900.8E, dtd 27 Aug 18 

Encl:  (1) DD Form 149 with attachments 
       (2) DD Form 214 
       (3) Advisory Opinion, dtd 27 Aug 20 
       (4) Navy Personnel Command ltr 1070 PERS-312A/RT, dtd 24 Feb 16 


1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her DD Form 214 be updated to reflect her deployments, overseas service, and sea service information.  

2.  The Board reviewed Petitioner's allegations of error and injustice on 2 November 2020, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  

c.  Petitioner served honorably on active duty in the Navy from 3 October 1995 until her retirement from military service on 31 October 2015. See enclosure (2). Petitioner provided evidence that she supported Operation Enduring Freedom in both Afghanistan and Guantanamo Bay, Cuba, and Operation Iraqi Freedom in Kuwait during her active duty service.  See enclosure (1). 

d. In 2016, Petitioner requested that Navy Personnel Command (NPC) update her DD Form 214 to reflect her deployments.  By memorandum dated 24 February 2016, NPC denied Petitioner’s request, stating that Navy Regulations that govern the issuance of the DD Form 214 do not allow this information to be recorded in the document. See enclosure (4). 

e.  As part of the Board’s review process, NPC provided an advisory opinion (AO) for its consideration.  The AO states that a review failed to provide any evidence in error to correct Petitioner’s DD Form 214, and recommends disapproval of Petitioner’s request.  The AO was provided to Petitioner, and she was given 30 days in which to submit a response.  When Petitioner did not provide a response within the 30-day timeframe, her case was submitted to the Board for consideration. 

f.  Paragraph 3w of reference (b) provides that entries can be made in Block 18 of the DD Form 214 that are not shown elsewhere and may include other information pertinent to the Service member.  Other relevant provisions in paragraph 3w of reference (b) are as follows: 

        (19) For a Service member ordered to active duty in time of national emergency or war, enter in block 18 the actual  dates of deployment into the theater of operations, e.g., “IRAQI FREEDOM THEATER FROM 03FEB17 TO 03APR10.”1 

        (20) For Service members retiring or separating from active duty, document participation in contingency operations when the member served in theatre. 

CONCLUSION: 

Contrary to enclosures (3) and (4), reference (b) clearly permits information regarding 
Petitioner’s deployments and participation in contingency operations to be recorded in Block 18 of her DD Form 214.  In fact, paragraph 3w of reference (b) directs that participation in contingency operations be recorded in block 18 when a Service member retires.  Accordingly, the Board found an error and injustice in the exclusion of Petitioner’s participation in contingency operations from her DD Form 214.  

The Board found that Petitioner is entitled to have the Remarks section of her DD Form 214 updated to include the dates of her deployments and overseas service in support of OIF and OEF in Kuwait, Afghanistan, and Guantanamo Bay. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: That Petitioner be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) reflecting the dates of her deployments and overseas service in support of OIF and OEF in Kuwait, Afghanistan, and Guantanamo Bay. 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 6 November 2019.
 
4.  The foregoing action of the Board is submitted for your review and action. 

Assistant General Counsel (Manpower and Reserve Affairs) 
Approved Board Recommendation (Full Relief)