IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027267 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in Kuwait for 6 months.

2.  The applicant states he served in Kuwait for 6 months in 1993 and his DD Form 214 does not show any foreign service.

3.  The applicant provides:

* DD Form 214
* a receipt for a watch he bought in Kuwait
* Army Achievement Medal Certificate
* three post-marked envelopes for letters he sent home from Kuwait

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.  He enlisted in the Regular Army on 10 September 1991,  He completed his training and was awarded military occupational specialty 19D (cavalry scout).  On 9 September 1994, he was honorably released from active duty.

3.  Item 12f of his DD Form 214 shows the entry "00  00  00."  Item 18 (Remarks) does not show any deployments.

4.  Records at the Defense Finance and Accounting Service (DFAS) show he received hostile fire/imminent danger pay during the period 31 October 1993 to 16 December 1993 (1 month and 17 days) for service in Kuwait.

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.  The regulation provides that for Item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record.  The regulation 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 item 18.

DISCUSSION AND CONCLUSIONS:

Although he contends he served in Kuwait for 6 months in 1993, DFAS information shows he served in Kuwait from 31 October 1993 to 16 December 1993 (a total of 1 month and 17 days).  Therefore, the DFAS information is accepted as sufficient evidence on which to amend item 12f of his DD Form 214 to show he served 1 month and 17 days of foreign service and item 18 to show he served in Kuwait.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 12f of his DD Form 214 and replacing it with the entry "00  01  17" and

	b.  adding the entry "SERVICE IN KUWAIT FROM 19931031-19931216" to item 18 of his DD Form 214.

2.  The Board further determined 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 amending item 12f to show he served 6 months of foreign service.



      _____________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)                                         AR20100027267



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ABCMR Record of Proceedings (cont)                                         AR20100027267



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