IN THE CASE OF: 

		BOARD DATE: 14 June 2023

		DOCKET NUMBER: AR20230001495


APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) for the period ending 31 January 2015 by:

*	adding the Legion of Merit; and
*	listing her deployment to Kuwait as 1 March to 12 December 2012 instead of 
9 September to 8 December 2012

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Orders: UX-019-0001, 19 January 2012
*	Orders: UX-019-0001 (A1), 15 February 2012
*	Orders: UX-019-0001 (A2), 18 September 2012
*	DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)), 
12 December 2012
*	DA Form 638 (Recommendation for Award), 24 November 2014
*	Legion of Merit Narrative
*	Legion of Merit Proposed Citation
*	DD Form 214, 31 January 2015
*	Certificate for award of the Legion of Merit, 7 April 2015

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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 Board will not consider adding the Legion of Merit to her DD Form 214, as this 
item will be addressed through an administrative correction.

3.  The applicant provides a copy of her Temporary Change of Station orders with a 
proceed date to Kuwait of 7 March 2012 and her NCOER from 1 March to 12 December 
2012 which lists her station as Kuwait.

4.  Having sufficient service for retirement, on 31 January 2015, she retired honorably. 
The DD Form 214 she was issued lists service in Kuwait from 9 September to 
8 December 2012 in item 18 (Remarks). The form does not list the Legion of Merit.

5.  During the processing of this case, the Defense Finance and Accounting Service 
(DFAS) reviewed her Master Military Pay Account, which verified her service in Kuwait 
from 17 March to 6 December 2012. Note: DFAS only verifies receipt of hostile 
fire/imminent danger pay. DFAS does not verify inclusive dates of deployed service or 
deployment locations beyond the first qualifying country (e.g., Kuwait versus Iraq). 
DFAS pay records are not considered "source documents," but may be considered as 
supporting documents leading to a preponderance of the evidence. A second source 
document is required.

6.  Army Regulation 635-8 (Separation and Processing and Documents), establishes 
the standardized policy for preparing and distributing the DD Form 214. Chapter 5 
contains guidance on the preparation of the DD Form 214, to include entering foreign 
service and remarks pertaining to deployment locations and through dates. 


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition and available military records, the 
Board noted DFAS conducted a review of her pay records and confirmed her service 
time in Kuwait from 17 March 2012 to 6 December 2012.  The Board agreed there was 
sufficient evidence to support the applicant deployment time in Kuwait. Based on this, 
the Board granted relief to correct her records.

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction be completed to more accurately depict 
the military service of the applicant.





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:

In addition to the administrative notes annotated by the Analyst of Record (below the 
signature), the Board determined the evidence presented is sufficient to warrant a 
recommendation for 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 ending 30 June 1995 to show in:

*	Item 12f (Foreign Service) 8 months 20 days
*	Item 18 (Remarks) SERVICE IN KUWAIT (Operation Enduring Freedom) From 
17 March 2012 until 6 December 2012.

	 

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): 

A review of the applicant’s records shows he is authorized additional awards not 
annotated on his DD Form 214 for the period ending 30 June 1995.  As a result, amend 
his DD Form 214 by adding for the period ending on 31 January 2015 the Legion of 
Merit (Permanent Orders Number 2015-107-008, 17 April 2015).




REFERENCES:

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 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.

2.  Army Regulation 635-8, establishes the standardized policy for preparing and 
distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the 
DD Form 214, to include entering foreign service and remarks pertaining to deployment 
locations and through dates:

*	block 12f enter the total amount of service performed outside the Continental 
United States (OCONUS) during the period covered by the DD Form 214, to 
include deployments. List periods of deployed service in block 18 (Remarks)
*	block 18 for an active duty Soldier, list any/all OCONUS deployments completed 
during the period of the DD Form 214 being created, the statement "Service in 
(Name of Country Deployed) From (inclusive dates)"
 
3.  Army Regulation 15-185 prescribes the policies and procedures for correction of 
military records by the Secretary of the Army, acting through the ABCMR. The ABCMR 
considers individual applications that are properly brought before it. The ABCMR will 
decide cases on the evidence of record. It is not an investigative body. The ABCMR 
begins its consideration of each case with the presumption of administrative regularity. 
The applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.
/NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230001495


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1