IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080007900
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 31 August 2004 to show
Company D, 801st Combat Support Battalion.
2. The applicant states, in effect, that she served with the above company from 2002 up until her retirement in 2004. She states that her DD Form
214 incorrectly show Company C, 801st Combat Support Battalion. The applicant further states that when her battalion deployed to Iraq in 2003 it was renamed the 801st Maintenance Support Battalion.
3. The applicant provides her DD Form 214; a DD Form 4187-E (Personnel Action), dated 12 February 2002; Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Orders 046-723, dated 15 February 2003; a DA Form 4187, dated 23 August 2003; and a DA Form 31 (Request and Authority for Leave), dated 3 May 2004.
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 24 August 1984 and successfully completed basic training and advanced individual training. She was awarded military occupational specialty 52D (Power Generator Equipment Repairman).
3. A DD Form 4187-E, dated 12 February 2002, shows the applicant was reassigned to Company D, 801st Combat Support Battalion effective 22 February 2002.
4. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Orders 046-723, dated 15 February 2003, show the applicant was being deployed to Iraq and that she was assigned to Company D, 801st Combat Support Battalion, 101st Airborne Division (Air Assault).
5. Headquarters, Division Support Command (DISCOM), 101st Airborne Division (Air Assault) Permanent Order Number 139-35, dated 19 May 2003, shows the applicant was awarded the Army Commendation Medal while assigned to
Company D, 801st Maintenance Support Battalion, 101st Airborne Division (Air Assault).
6. A DA Form 2166-8 (NCO Evaluation Report) with the through period January 2004, shows the applicant was assigned to Company D, 801st Maintenance Support Battalion, 101st Airborne Division (Air Assault).
7. On 31 August 2004, the applicant retired. Item 8a (Last Duty Assignment and Major Command) of the applicant's DD Form 214 with the period ending
31 August 2004 shows Company C, 801st Combat Support Battalion, Forces Command.
8. There is no evidence of record that shows the applicant was reassigned to
Company C, 801st Maintenance Support Battalion, 101st Airborne Division (Air Assault) prior to her retiring.
DISCUSSION AND CONCLUSIONS:
The applicant's deployment orders, NCO Evaluation Report, and Army Commendation Medal are accepted as sufficient to show she was assigned to Company D, 801st Maintenance Support Battalion at the time of retirement. Therefore, item 8a of the applicant's DD Form 214 with the period ending
31 August 2004 should be corrected to show Company D, 801st Maintenance Support Battalion, Forces Command.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ __xx____ __xx____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 8a of her DD Form 214; and
b. amending item 8a of the DD Form 214 to add Company D, 801st Maintenance Support Battalion.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing her DD Form
214 to show Company D, 801st Combat Support Battalion.
_______ xxxx_______ ___
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) AR20080007900
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ABCMR Record of Proceedings (cont) AR20080007900
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