BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160015592 BOARD VOTE: _____x____ ____x___ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160015592 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 amending her 2010 DD Form 214 as follows: * deleting the entry in item 12f * adding to item 12f the entry "4 years, 8 months and 21 days" * deleting from item 18 the entry "Service in Iraq 20071231-20080126" * adding to item 18 the entry "Service in Iraq 20070101-20080131" _____________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: 20 June 2018 DOCKET NUMBER: AR20160015592 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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her correct service dates in Iraq. 2. The applicant states item 18 (Remarks) of her DD Form 214 should reflect her service in Iraq from 31 December 2006 to 26 January 2008 vice 31 December 2007 to 26 January 2008. The current entry shows she only served in Iraq for 1 month when she actually served 12 months. This error was not caught until she was filling out paperwork for a civilian position within the Department of Defense. There are benefits she is eligible for provided her wartime service is properly recorded on her DD Form 214. 3. The applicant provides – * DD Form 214 * Order 008-00011 dated 8 January 2007 * DA Form 67-9 (Officer Evaluation Report (OER)) for the period ending 19 November 2007 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 17 October 1986 the applicant was appointed a Reserve commissioned officer of the Army. She concurrently entered active duty. 3. The U.S. Army Intelligence Center and Fort Huachuca, Fort Huachuca, Arizona published Order 008-00011 on 8 January 2007 temporarily reassigning her to the Joint Contracting Command. She was to report to Camp Doha, Kuwait with forward movement to Baghdad, Iraq. She was ordered to deploy for a 365 day period. 4. The applicant's DA Form 4037 (Officer Record Brief) issued on 23 January 2010 contains in Section 1 (Assignment Information – Overseas/Deployment/Combat Duty) the following data: End Date Country Months 1 July 1990 Germany 38 1 August 2001 Kosovo 6 26 January 2008 Iraq 13 Total 57 (4 years and 9 months 5. On 30 September 2010 the applicant retired from the Regular Army. Her DD Form 214 contains the following pertinent entries: * item 12f (Record of Service – Foreign Service) shows she served 3 years, 2 months, and 12 days (or 38 months and 12 days) of foreign service * item 18 (Remarks) service in Kosovo from 23 February 2001 to 1 August 2001, a period of 5 months and 9 days * item 18 service in Iraq from 31 December 2007 to 26 January 2008, a period of 26 days 6. The Defense Finance and Accounting Service reviewed her Master Military Pay Account and verified she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait/Iraq from 1 January 2007 to 31 January 2008, a period of 13 months. 7. As evidence to support her application she provided an OER for the period 20 November 2006 thru 19 November 2007. This OER states she deployed in support of Operation Iraqi Freedom during this rating period and served as a contingency contracting officer in Iraq. REFERENCES: 1. Department of Defense (DOD) Number 7000.14-R (Financial Management Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are authorized entitlements. A member may be paid special duty pay for duty subject to hostile fire or imminent danger for any month a member, while entitled to basic pay for active duty, meets the qualifying criteria. Members will receive the maximum monthly rate of special pay for the month in which the event occurred or deployed to a designated geographical area. Payment will be made for the full month. The appropriate command will certify that the member has met the requirements for entitlement to special pay for a given month. 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management including the preparation of separation documents. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The source documents used in the preparation of the DD Form 214 include the Soldier's computer generated record brief, separation approval documents, and any other document authorized for filing in their official military personnel record. For item 12f, enter the total amount of service performed outside the continental United States during the period covered by item 12c. In addition, list period(s) of deployed service and location in item 18. DISCUSSION: The applicant's DFAS record and her OER support her contention she served in Iraq from 1 January 2007 to 31 January 2008, a period of 13 months. Currently, her DD Form 214 shows 31 December 2007 to 26 January 2008. In addition, based on her DFAS record, her total foreign service on her DD Form 214 does not include her months of service in Iraq and appears to omit her 5 months and 9 days of service in Kosovo. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015592 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015592 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2