ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20180001338


APPLICANT REQUESTS:  correction of her DD Form 214 for the period ending 
20 December 2003 to show her foreign service in Iraq for 187 days.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Orders 079-475, page 1
*	a list of names

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 enlisted in the Regular Army on 8 August 2001.

2.  The applicant provides Orders 079-475, issued by Headquarters, 10th Mountain 
Division (Light Infantry) and Fort Drum, Fort Drum, NY on 20 March 2003, which 
ordered her to the U.S. Central Command Area of Operations in support of Operation 
Enduring Freedom for 179 days but may be extended to 364 days or until mission 
completion.  The will proceed date was listed as on or about 22 March 2003.

3.  The applicant was honorably released from active duty on 20 December 2003.  Her 
record does not contain a DD Form 214, but does contain a DD Form 214 (Worksheet) 
for this period, which does not show she performed any foreign service.  

*	Item 12c (Net Active Service this Period) contains the entry "0002  04  13"
*	item 12f (Foreign Service) contains the entry "0000  00 00"
*	item 18 (Remarks) does not contain any entries pertaining to foreign service

4.  On 7 April 2018, by email, a Defense Finance and Accounting Service (DFAS) 
official verified the applicant received hostile fire/imminent danger pay for service in 
Kuwait for the period 1 March 2003 to 30 September 2003 (a period of 7 months).  
However, based on the will proceed listed in her orders, the period of foreign service  
(22 March 2003 – 30 September 2003) would be 6 months and 9 days.

5.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the 
standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains 
guidance on the preparation of the DD Form 214.  It states:

     a.  for item 12f, from the enlisted record brief/officer record brief, enter the total 
amount of foreign service completed during the period covered in item 12c (Net Active 
Service this Period).

     b.  for item 18 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 YYYYMMDD - YYYYMMDD)."

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the record.  The Board discussed the applicant’s statement, deployment 
orders, and DFAS documents verifying hostile fire pay.  The Board determined that her 
record should be corrected in accordance with the DFAS documents and her “will 
proceed” orders. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for full relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 for the period of service ending 20 December 2003 to show:

      - in item 12f (Foreign Service) “6 months 9 days”, and;
      - in item 18 (Remarks) "Service in Kuwait From 20030322 - 20030930."
      
      


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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 635-5 (Separation Documents), then in effect, establishes the 
standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains 
guidance on the preparation of the DD Form 214.  It states:

     a.  for item 12f, from the enlisted record brief/officer record brief, enter the total 
amount of foreign service completed during the period covered in item 12c (Net Active 
Service this Period).

     b.  for item 18 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 YYYYMMDD - YYYYMMDD)."

ABCMR Record of Proceedings (cont)	 AR20180001338

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