BOARD DATE: 19 July 2018 DOCKET NUMBER: AR20170000769 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____x___ _____x___ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 July 2018 DOCKET NUMBER: AR20170000769 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 12f (Foreign Service) of his DD Form 214 the entry "0000-00-00" and replacing it with the entry "0002-05-00" * adding to item 18 (Remarks) of his DD Form 214 the entries "SERVICE IN BOSNIA FROM 19970301-19971031 and SERVICE IN KUWAIT FROM 20001201-20010430" 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of item 12f of his DD Form 214 to show he completed 4 years and 1 month of foreign service. ______________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: 19 July 2018 DOCKET NUMBER: AR20170000769 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Germany, Bosnia, and Kuwait and a credit of 3 years and 13 months (4 years and 1 month) of foreign service. 2. The applicant states her foreign service is not listed on his DD Form 214. She served her country and was deployed to three countries during this time. It is only fair that this foreign service be added to her DD Form 214. 3. The applicant provides no additional evidence. 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 (RA) on 1 November 1994 and she held military occupational specialty 77F (H7 Petroleum Supply Specialist). She reenlisted in the RA on 23 November 1998. 3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows she served in Germany from 29 June 1996 to 28 June 1998, a period of 2 years. 4. She was honorably released from active duty on 22 November 2001. Her DD Form 214 shows she completed 7 years and 22 days of net active service. Her DD Form 214 also shows in: * Item 12f (Foreign Service) – 00-00-00 * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the: * Army Lapel Button * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Service Medal * Army Service Ribbon * North Atlantic Treaty Organization Medal * Marksman Marksmanship Qualification Badge with Rifle Bar * Item 18 (Remarks) – no entry for deployments 5. On 23 April 2018, a staff member of the Defense Finance and Accounting Service advised the ABCMR that the applicant served in the combat zone in: * Bosnia from 1 March to 31 October 1997, a period of 8 months * Kuwait from 1 December 2000 to 30 April 2001, a period of 4 months and 29 days REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated: a. From the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12f. b. For an active duty Soldier deployed with his/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)" in item 18. DISCUSSION: 1. The evidence of record shows during the applicant's period of active duty from 1 November 1994 to 22 November 2001, she served in following overseas locations: a. She served in Germany from 29 June 1996 to 28 June 1998 (2 years). b. She deployed to Bosnia from 1 March 1997 to 31 October 1997 (8 months). (1) Her foreign service in Bosnia overlaps with and is encompassed by foreign service in Germany. (2) She does not receive foreign service credit for Germany and Bosnia as this service occurred during the same period. c. She served in Kuwait from 1 December 2000 to 30 April 2001 (5 months). 2. The applicant completed a total of 2 years and 5 months of foreign service. However, item 12f of his DD Form 214 does not show this foreign service. Additionally, item 18 of this form does not show that she deployed to Bosnia OR Kuwait, nor does it list the inclusive dates of these deployments. 3. There is no available evidence showing she completed 4 years and 1 month of foreign service during his period of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000769 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000769 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2