BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002535 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002535 BOARD DETERMINATION/RECOMMENDATION: 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 his DD Form 214 for the period ending 31 January 2013 to show his deployed service in Kuwait/Iraq as 28 July 2006 through 15 October 2007 (20060728-20071015). _____________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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002535 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) for the period ending 31 January 2013 to show his service in Kuwait/Iraq in support of Operation Iraqi Freedom as 29 July 2006 through 16 October 2007 (20060729-20071016) instead of 29 July 2006 through 16 January 2007 (20060729-20070116). 2. The applicant states the deployment dates entered on his DD Form 214 for the period ending 31 January 2013 are incorrect and most likely due to a typographical error. 3. The applicant provides: * Officer Record Brief, dated 7 September 2012 * two Air Medal Certificates * DD Form 214 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 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. 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Having prior honorable enlisted service in the Regular Army, the applicant was appointed as a Reserve warrant officer in the rank/grade of warrant officer one/WO1 on 26 April 2000. 3. On 11 November 2005, he was appointed in the Regular Army in the rank/grade of chief warrant officer two/CW2. 4. The Defense Finance and Accounting Service confirmed he arrived in the combat zone on 28 July 2006 and he departed the area on 15 October 2007. 5. He provided: a.  a copy of his Officer Record Brief, dated 7 September 2012, which shows, in part, the ending date of his deployment to Iraq/Kuwait as 16 October 2007 and b.  copies of two Air Medal Certificates which show his starting date for service in Kuwait/Iraq as 29 July 2006 and his ending date as 15 October 2007. 6. On 31 January 2013, he retired. Item 18 (Remarks) of his DD Form 214 for this period shows his service in Kuwait/Iraq as 29 July 2006 through 16 January 2007 (20060729-20070116). REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Instructions stated for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The Defense Finance and Accounting Service confirmed he arrived in the combat zone on 28 July 2006 and he departed the area on 15 October 2007. 2. His DD Form 214 for the period ending 31 January 2013 incorrectly shows his deployed service in Kuwait/Iraq. 3. Although he contends he served in Kuwait/Iraq from 29 July 2006 through 16 October 2007 (20060729-20071016), the evidence of record shows he served in theater from 28 July 2006 through 15 October 2007 (20060728-20071015). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002535 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002535 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2