BOARD DATE: 27 November 2018 DOCKET NUMBER: AR20170011187 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 November 2018 DOCKET NUMBER: AR20170011187 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 November 2018 DOCKET NUMBER: AR20170011187 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) to wartime service in Iraq and Afghanistan in 2003 and 2004. 2. The applicant states she served during wartime in Iraq and Afghanistan in 2003 and 2004. 3. The applicant provides a copy of her DD Form 214. 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 Pennsylvania Army National Guard (PAARNG) on 24 July 2002. The applicant was in an inactive status in the Army Delayed Entry Program from 24 July 2002 to 7 August 2003. 3. The applicant entered active duty for training on 8 August 2003. The applicant was honorably discharged due to a disability, which existed prior to service on 26 June 2004. The DD Form 214 she was issued shows she served 10 months and 19 days net active service during this period with no foreign service. 4. During the processing of this case, the Defense Finance and Accounting Service reviewed her Master Military Pay Account (MMPA), which shows she performed no combat service in Iraq or Afghanistan. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Chapter 2 contains guidance on the preparation of the DD Form 214 and states: a. the total amount of foreign service completed during the period of active service covered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f (Foreign Service) of the form; and b. for item 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)" will be entered. DISCUSSION: The applicant did not provide any evidence nor do her records contain any evidence, which shows she performed any foreign service. A query of the applicant's MMPA revealed she did not receive pay or entitlements associated with wartime service in Iraq and Afghanistan. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170011187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170011187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2