BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001424 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001424 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. BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001424 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) to show her deployment to Djoubti, Africa. 2. The applicant states she was assigned to the 2nd Marine Expeditionary Brigade, Combined Joint Task Force-Horn of Africa (CJTF-HOA) in 2002 and based in Djibouti. She went through a Secret clearance process at the time to be eligible for the assignment. This happened prior to her assignment to Schofield Barracks, Hawaii. A retired U.S. Marine Corps officer pointed out that her DD Form 214 did not reflect her deployment to Djibouti and, as such, she would like this corrected. She was able to get a letter that supports her claim from her former platoon sergeant. She tried to reach her former company commander and first sergeant, but was unsuccessful. 3. The applicant provides a letter of support, dated 16 November 2015. 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 enlisted in the Regular Army on 2 August 2000. 3. Her official military personnel file (OMPF) is void of any documents showing a deployment to Djibouti in the 2002 to 2003 time frame. The following relevant documents show: * DA Form 2-1 (Personnel Qualification Record – Part II) – item 5 (Oversea Service) shows only an assignment to Hawaii from on or about 3 July 2003 to on or about 2 July 2006 (date of her projected departure) * DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the rating period of January 2003 through March 2003 – her rater was Sergeant First Class (SFC) M____ A. B____ – no mention of deployment * Army Commendation Medal Award Certificate – Permanent Order  A-129-10, dated 9 May 2003 – makes no reference to deployment to Djibouti * Enlisted Record Brief (ERB), dated 22 June 2004 – SectionI (Assignment Information - Overseas Duty) lists overseas service only in Hawaii for a period of 12 months 4. She was honorably released from active duty on 25 June 2004. Her DD Form 214 shows she completed 3 years, 10 months, and 24 days of net active service. Item 12f (Foreign Service) lists 11 months and 23 days (based on an arrival to Hawaii of 3 July 2003 and a departure of 25 June 2004. Item 18 (Remarks) does not reflect any deployments. 5. She provided a letter from SFC (Retired) M____ A. B____ (also reflected as her rater in the NCOER cited above), dated 16 November 2015, in which he essentially states: * he wrote the letter to verify the applicant's participation in supporting the Global War on Terrorism while assigned to the 2nd Marine Division, 2nd Marine Expeditionary Force and CJTF-HOA * she was deployed to Djibouti from January to June 2003 and was stationed at Camp Lemonnier 6. An email from the Defense Finance and Accounting Service (DFAS), dated 28 October 2016, stated the applicant was not paid hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) while serving on active duty. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for preparation of the DD Form 214. The instructions stated: * item 12f will show all foreign service completed during the period covered by the DD Form 214 * item 18 for an active duty Soldier deployed to a foreign country 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)." 2. AR 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. The ABCMR begins its consideration of each case with the presumption of administrative regularity. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record does not support the applicant's assertion that she deployed to Djibouti, Africa. Her: * her OMPF is void of any documents reflecting a deployment * her DA Form 2-1 and ERB do not show a deployment * her NCOER for the period during which she contends she was deployed (and on which SFC M____ A. B____ is listed as the rater) makes no comments indicating she was deployed to Djibouti * her Army Commendation Medal Citation makes no mention of deployment 2. DFAS has no record of the applicant receiving HFP/IDP and CZTE at any time while serving on active duty. DFAS is considered the authoritative source when determining foreign service credit based on receipt of HFP/IDP and CZTE. 3. The ABCMR presumes administrative regularity when reviewing applications for records corrections. The applicant bears the burden of proving the existence of an error or injustice. She offers a letter from her former platoon sergeant, but this letter was written more than 12 years after the fact. She offers no documentation, generated at or near the time of the contended event, that provides the necessary validation of her claim. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001424 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001424 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2