DOCKET NUMBER: AR20090015139
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his correct unit in block 8a (Last Duty Assignment and Major Command) and the correct dates of his deployment to Kuwait in block 18 (Remarks).
2. The applicant states that he did not serve in the rear detachment when he was deployed to Kuwait and that he served in Kuwait from 24 February 2004 to 23 February 2005.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 (RA) on 5 September 2000 for a period of 4 years, training as a metal worker in military occupational specialty (MOS) 44B, and assignment to Fort Irwin, CA. He completed his advanced individual training at Aberdeen Proving Ground, MD and was transferred to Fort Irwin, CA.
3. He was initially assigned to the 557th Maintenance Company Rear Detachment and he was advanced to the pay grade of E-4 on 1 April 2002. On 20 September 2002, he was transferred to the 699th Maintenance Company Rear Detachment.
4. Information obtained from officials at the Defense Finance and Accounting Service (DFAS) reveals that the applicant received hazardous fire/imminent danger pay (HF/IDP) from 29 February 2004 to 20 February 2005.
5. On 31 May 2005, he was honorably released from active duty (REFRAD) at Fort Irwin due to completion of required service. He had served 4 years, 8 months, and 26 days of total active service. His DD Form 214 issued at the time of his REFRAD shows in block 8a that his last duty assignment was with the 699th Corps Support Maintenance Company Rear Detachment. Block 18 reflects that he was deployed to Kuwait from 24 February 2004 to 23 February 2004. A review of his official records shows that he was awarded an Army Commendation Medal (ARCOM) for the period of 1 March 2004 to 17 February 2005, while assigned to the 699th Maintenance Company, 377th Theater Support Command (Forward).
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the applicant's unit of assignment at the time of separation will be entered in block 8a of the DD Form 214.
7. Army Regulation 635-5 also 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 block 18.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he served in Kuwait from 24 February 2004 to 23 February 2005 is accepted. His DD Form 214 obviously is in error because the end date of his deployment is before the from date.
2. Accordingly, his deployment dates in Kuwait should be corrected to reflect that he deployed to Kuwait from 24 February 2004 to 23 February 2005.
3. The applicants contention that his unit in block 8a of his DD Form 214 is incorrect because he was not deployed to a rear detachment in Kuwait has been noted and found to lack merit. His DD Form 214 reflects the unit he was assigned to at the time he was REFRAD at Fort Irwin and not the unit he was assigned to while serving during his deployment. Accordingly, there is no basis for changing the current entry.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x_____ ____x__ 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 from block 18 of his DD Form 214 the entry "SERVICE MEMBER WAS DEPLOYED TO KUWAIT FROM 040224 THRU 040223"; and
b. adding to block 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 040224 - 050223."
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 his unit in block 8a.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________x_____________
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) AR20090015139
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090015139
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015707
For an enlisted Soldier, it also specifies the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable. Permanent orders awarded the applicant two awards of the Meritorious service Medal, one of which is not shown on his DD Form 214. With respect to his unit of assignment, it appears that when he requested...
ARMY | BCMR | CY2009 | 20090019158
Block 14 (Military Education) will reflect formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. The applicant's DD Form 214 should reflect 2 months and 20 days in block 12f. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Good Conduct Medal,...
ARMY | BCMR | CY2012 | 20120021869
The applicant's DD Form 214 shows he entered active duty this period on 24 September 2002 and he was separated on 17 February 2006 with a bad conduct discharge. It also shows in: a. item 8a (Last Duty Assignment and Major Command): "PCF SPEC PROC CO TC" (Training and Doctrine Command); b. item 8b (Station Where Separated): Fort Knox, KY 40121-5000; c. item 9 (Command to Which Transferred): "NA" (Not Applicable); d. item 11 (Primary Specialty): 25B1O, Information Systems Operator - Analyst,...
ARMY | BCMR | CY2008 | 20080014561
IN THE CASE OF: BOARD DATE: 13 November 2008 DOCKET NUMBER: AR20080014561 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides the following documents in support of his application: DD Form 214; Enlisted Record Brief (ERB); Post-Deployment Health Assessment (DD Form 2796); Headquarters, V Corps Orders Number 37-01, dated 6 February 2003; Recommendation for Award (DA Form 638); Army Commendation Medal (ARCOM) Certificate; and Request and Authority for Leave (DA Form 31). ...
ARMY | BCMR | CY2011 | 20110012334
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 12 March 2004 through 9 August 2004. 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/IRAQ FROM 20040312-20040809" to item 18 of his...
ARMY | BCMR | CY2009 | 20090020214
The applicant requests retroactive payment of $1,000.00 for the Involuntary Assignment Incentive Pay (AIP) program for his extended deployment in Iraq. The advisory official opined that based on the Department of the Army Personnel Policy Guidance, Soldiers/units who are involuntarily extended by the Secretary of Defense for extension beyond 12 consecutive months boots on ground (BOG) or 12 out of 15 months (365 days out of 450 days) and are deployed to Iraq (to include staging time in...
ARMY | BCMR | CY2011 | 20110002143
The applicant requests his deployment dates in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 2004 be corrected. His DD Form 214 for the period ending 31 August 2004 shows he served in Iraq from 27 March 2003 to 22 October 2003. As a result, the Board recommends denial of so much of the application that pertains to amending item 18 of his DD Form 214 for the period ending 31 August 2004 to show he served in...
ARMY | BCMR | CY2007 | 20070010162
The applicant requests that his deployment to Kuwait and Baghdad, Iraq, two Army Achievement Medals, one Overseas Service Ribbon, the Army Commendation Medal, the Driver Badge and the Combat Action Badge be included on his Certificate of Release or Discharge from Active Duty (DD Form 214). On 9 January 2004, Permanent Order Number 009-404 was published awarding the applicant the Army Commendation Medal for exceptional service while assigned as a gun driver conducting combat operations...
ARMY | BCMR | CY2007 | AR20070001003C071029
The available records indicate that the applicant was a member of the United States Army Reserve (USAR) when orders were published on 27 August 2003, ordering him to active duty in Arifjan, Kuwait, effective 7 September 2003, in support of Operation Enduring Freedom. Block 18 on the DD Form 214 that the applicant was furnished for his period of active duty service from 6 June 2004 through 23 March 2005 was completed in accordance with the applicable regulation. Therefore, the Board...
ARMY | BCMR | CY2013 | 20130000452
There is no evidence of record and he provided insufficient evidence to show he served in Kuwait prior to 9 May 2003. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 1 August 2002 through 31 July 2005 and correct his DD Form 214 to show this award. The applicant's period of 1 year, 3 months, and 23 days of foreign service in Kuwait qualifies him for award of the Overseas Service Ribbon and correction of his records to show...