ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 November 2019

	DOCKET NUMBER:  AR20170012548


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show she completed two tours of duty in Iraq during the 
period covered by the DD Form 214.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Deployment Orders

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states her overseas time is not reflected in her DD Form 214.

3.  A review of the applicant’s service record shows:

	a.  A DD Form 4 shows the applicant enlisted in the U.S. Army Reserve (USAR) on 
15 October 2008 for 3 years.  

	b.  Orders issued by 316th Sustainment Command (Expeditionary) on 16 March 
2009, ordered the applicant to active duty for the purpose of mobilization in support of 
Iraqi Freedom (Iraq) for a period of 400 days.

	c.  Orders issued by the Landstuhl Regional Medical Center on 22 December 2009, 
directed the Temporary Change of Station (TCS) of the applicant by medical evacuation 
to MEDDAC, Fort Eustis for the period of 10 days.

	d.  Orders issued by Human Resources Command (HRC) on 30 December 2009, 
directed the applicant be retained on Active duty for continued medical care, for a period 
of 60 days.
	e.  The applicant's DD Form 214 for this period of active service shows she was 
released from active duty on 22 February 2010 after completing 8 months, and 16 days 
of active service this period.  Block 12f (Foreign Service) shows she didn’t complete any 
foreign service.  The DD Form 214 also shows the following entries in block 18 
(Remarks):

*	Subject to Active Duty recall by the Secretary of the Army
*	Item 12D above does not account for annual and/or weekend training this 
Soldier may have accomplished prior to date entered in item 12a
*	Individual completed period for which ordered to active duty for the purpose of 
post service benefits and entitlements
*	Ordered to active duty in support of Operation Iraqi Freedom in accordance 
with Title 10, US. Code, section 12302
*	Ordered to active duty in support of Iraqi Freedom from 20090605 to 
20091221, and 20091222 to 20100222

4.  Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) 
states that for an active duty Soldier that has deployed to a foreign country with his unit 
during a continuous period of active service, “Service in (name of country deployed) 
from (dates)” should be entered on their DD Form 214.  The total amount of Foreign 
Service completed during the period covered should be entered in block 12f. (Foreign 
Service).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The only available evidence is that she returned from Landstuhl 
Germany back to CONUS.  Based upon the available documentary evidence, the Board 
found no documents within the applicant’s military record to show she actually deployed 
or the exact dates of deployment.  

The Board wished to inform he applicant that if she can obtain her Leave and Earnings 
Statements showing receipt of hostile fire pay or an award recognizing her service or 
achievement in theater (and reflecting dates of deployment) she may reapply to this 
Board for reconsideration. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


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.

	  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It provided standardized policy for 
preparation of the DD Form 214.  The regulation provides that in block 18, for a Reserve 
soldier ordered to active duty and deployed to a foreign country, enter the following 
three statements in succession:  

*	ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 
10 USC (applicable section)
*	SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for 
example, YYYYMMDD -YYYYMMDD).”
*	SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE 
DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND 
ENTITLEMENTS


NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170012548

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