IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080007370
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her dates of service in Kuwait.
2. The applicant states, in effect, that she deployed to Kuwait on 7 September 2002 and returned on 17 June 2003.
3. The applicant provides a copy of her DD Form 214; deployment orders; travel orders; emergency leave orders; a recommendation for the Legion of Merit; a copy of her last Noncommissioned Officer Evaluation Report; and a memorandum from her platoon leader.
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 applicants 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 applicants 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 Regular Army on 14 June 1984. She served as a petroleum supply specialist and remained on active duty through continuous reenlistments until she retired in the rank of sergeant first class on 30 June 2004 after completing over 20 years of active service.
3. The applicants DD Form 214 does not show any deployments in item
18 (Remarks).
4. The applicant provided deployment orders which show she was deployed to Kuwait in support of Operation Enduring Freedom on or about 6 September 2002. She provided a memorandum, dated 24 June 2003, from her platoon leader which states that the applicants unit redeployed without official travel orders. She also provided a redeployment flight schedule which shows her unit redeployed on 16 June 2003.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that, 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 in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
Since deployment orders show the applicant deployed to Kuwait on or about
6 September 2002, and the applicant contends that she deployed on
7 September 2002, it is reasonable to presume she deployed on 7 September 2002. Although the redeployment flight schedule shows the applicants unit redeployed on 16 June 2003, the applicant contends that she returned on
17 June 2003. Based on the foregoing, item 18 on her DD Form 214 should be corrected to show she served in Kuwait from 7 September 2002 to 17 June 2003.
BOARD VOTE:
___xx___ ___xx___ ___xx___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding the entry, SERVICE IN KUWAIT FROM 20020907-20030617 in item 18 on her DD Form 214.
_________xxxxx_________
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.
ABCMR Record of Proceedings (cont) AR20080007370
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ABCMR Record of Proceedings (cont) AR20080007370
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