ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 August 2019 DOCKET NUMBER: AR20170016419 APPLICANT REQUESTS: correction of her deployment dates served in Afghanistan on her DD Form 214 (Certificate or Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Deployment Orders (Orders 317-533), dated 13 November 2009 * DA Form 7631 (Deployment Cycle Support (DCS) Checklist), dated 16 September 2010 * DD Form 2796 (Post-Deployment Health Assessment (PDHA)), dated 20 October 2010 * DA Form 638 (Recommendation for Award) (page 1 of 3), (preparation date not legible) * North Atlantic Treaty Organization (NATO) Medal Certificate, period 18 November 2009 to 1 December 2010 * DD Form 214, period ending 18 January 2013 (applicant’s copy) 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 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, in effect, her deployment dates to Afghanistan are incorrect. She would like to have that period of foreign service (Item 12f) corrected on her DD Form 214. 3. The applicant provides: a. A copy of her deployment orders (Orders 317-533, dated 13 November 2009, issued by Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, GA), showing she was reassigned/deployed with Headquarters and Headquarters Troop (HHT) 3/17th AR SQ Recon, to Afghanistan in support of Operation Enduring Freedom on or about 19 November 2009. b. DA Form 7631, showing in Item 13 (Date Arrived In Theater), the date is 15 November 2009. Item 15 (Redeployment Date) of the form does not show a redeployment date. c. DD Form 2796, showing her date of arrival in Afghanistan was 19 November 2009 and her departure date was 19 November 2010 d. A copy of page 1 of 3 of her DA Form 638 (date prepared is not legible), showing she had been recommended for an Army Commendation Medal (ARCOM, as listed in Item 10 (Recommended Award)), to the Commander, Task Force (TF) Falcon by her platoon sergeant, for service in Afghanistan. Item 11 (Period of Award) shows 15 November 2009 to 15 November 2010. e. A copy of her certificate of award of the NATO Medal for service between 18 November 2009 to 1 December 2010. f. A copy of her DD Form 214 covering her period of service in the Regular Army from 3 September 2008 to 18 January 2013. (1) Item 12f (Foreign Service) of her DD Form 214, does not show any days of foreign service. (2) Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the same form, shows she was awarded or authorized: * Army Commendation Medal * Army Achievement Medal (3rd Award) * Meritorious Unit Commendation * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal with two campaign stars * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * NATO Medal * Basic Aviation Badge (3) Item 18 (Remarks) shows, in part, the following: “Service in Afghanistan 15 November 2009 – 16 January 2010”. 4. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 3 September 2008 . b. Orders 317-533, dated 13 November 2009, issued by Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, GA, reassigned/deployed the applicant with Headquarters and Headquarters Troop (HHT) 3/17th AR SQ Recon, to Afghanistan in support of Operation Enduring Freedom on or about 19 November 2009. c. On 19 April 2010, the applicant was awarded an Army Achievement Medal, while assigned to the Charlie (C) Troop, Task Force Lighthorse, APO AE, for meritorious service in support combat ground forces, Task Force Falcon. d. The applicant was awarded a NATO Medal for the period of service listed as 18 November 2009 to 1 December 2010. e. Section I (Assignment Information) of the applicant’s Enlisted Record Brief, dated 12 September 2012, shows the applicant was deployed to Afghanistan (AF) from 15 November 2009 to 16 January 2010. f. The applicant’s record was void of Orders indicating the specific start and end dates of her deployment. g. On 18 January 2013, the applicant was discharged under the provisions of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), paragraph 14-12b. Her DD Form 214 shows she completed 4 years, 10 months, and 10 days of active service, and received a general under honorable conditions character of service. The narrative reason for separation is pattern of misconduct. She had no lost time during this period of service. h. Item 12f (Foreign Service) of her DD Form 214, shows zero days of foreign service. i. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the same form, shows she was awarded or authorized: * Army Commendation Medal * Army Achievement Medal (3rd Award) * Meritorious Unit Commendation * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal with two campaign stars * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * NATO Medal * Basic Aviation Badge j. Item 18 (Remarks) shows, in part, the following: “Service in Afghanistan 15 November 2009 – 16 January 2010”. A copy of her redeployment orders were not available for review. 5. By regulation (AR 635-8 (Separation Processing and Documents)), item 12f (Foreign Service) of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” is entered in Item 18 (Remarks) of the application’s DD Form 214. 6. In reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the dates reflected on the applicant’s ERB and other documents within the applicant’s military service record matching the dates that currently appear on the applicant’s DD Form 214, the Board determined the information currently on the applicant’s DD Form 214 is correct. For that reason, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s record. 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 Army Board for Correction of Military Records (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 635-8 provides, item 12f of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” is entered in Item 18 of the application’s DD Form 214 ABCMR Record of Proceedings (cont) AR20170016419 5 1