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 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. 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 applicant’s 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 applicant’s 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