IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090001365
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) to show his service in Kuwait and the awards he received as a result of his deployments during the periods of 1998 through 1999 and 2001 through 2002.
2. The applicant states that his DD Form 214 failed to show his service in Kuwait. He asks that the Army Board for Correction of Military Records (ABCMR) review his records to locate evidence to support his request.
3. The applicant provides a copy of his DD Form 214 as documentary evidence in support of this 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 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's record shows that he enlisted in the United States Army Reserve Delayed Entry Program (USAR DEP) on 1 August 1994. He was discharged from the USAR DEP on 28 August 1995 for the purpose of immediate enlistment in the Regular Army and entered active duty on 29 August 1995. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 15Q (Air Traffic Control Operator). The highest rank he attained while serving on active duty was the rank of sergeant (SGT)/pay grade E-5; however, at the time of his discharge, he held the rank of specialist (SPC)/pay grade E-4. The applicant was discharged from the Regular Army effective 21 May 2004 after completing 8 years, 8 months, and 23 days of active service.
3. The applicant's Enlisted Record Brief, dated 24 February 2004, does not credit him with service in Kuwait or any other overseas location. Additionally, a thorough review of the applicant's available service personnel record failed to reveal any evidence that he ever served in Kuwait or any other overseas location. Further, there is no evidence that he was either recommended for or received any awards associated with deployment to Kuwait.
4. A thorough review of the applicant's Defense Finance and Accounting Service (DFAS) pay history for the period of 1998 through 2002 failed to reveal any evidence that he served in a combat zone, served in an imminent danger pay area, received Family Separation Allowance, or travelled on Temporary Duty to an overseas location.
5. The applicant's DD Form 214 does not credit him with service in Kuwait or any other overseas location.
6. Army Regulation 635-5 (Separation Documents) , in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldiers most recent period of continuous active duty. The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
7. Army Regulation 15-185 (Boards, Commissions, and Committees - Army Board for Correction of Military Records), in pertinent part, provides that the ABCMR will decide cases on the evidence of record. It is not an investigative body.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 should be corrected to show his service in Kuwait and the awards he received as a result of his deployments during the periods of 1998 through 1999 and 2001 through 2002 were carefully considered.
2. There is no evidence in the applicant's available personnel or finance records that shows he served in Kuwait or any other overseas location at any time. Additionally, there is no evidence that he was either recommended for or received any awards associated with deployment to Kuwait.
3. Army Regulation 15-185, in pertinent part, provides that the ABCMR is not an investigative body and the Board will decide cases on the evidence of record.
4. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. In absence of evidence to the contrary, the preponderance of evidence in the available records supports presumption of regularity in the personnel records maintenance process. Therefore, there is no basis upon which to award the applicant any awards for service in Kuwait.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20090001365
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001365
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023669
Application for correction of military records (with supporting documents provided, if any). The Armed Forces Expeditionary Medal is recorded in item 13 of the applicant's 20 June 1999 DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his 20 June 1999 DD Form 214 the entry "SERVICE IN KUWAIT FROM 19980227-19980507."
ARMY | BCMR | CY2012 | 20120006385
The applicant's Enlisted Record Brief, dated 17 February 2006, shows in section I (Assignment Information), Overseas/Deployment Combat Duty: * Nicaragua - 25 November 1998 to 27 February 1999 * Korea - 13 October 1995 to 18 November 1996 * Haiti - 22 September to 17 October 1994 * Kuwait - 6 June to 12 September 1991 * Germany - 12 January 1989 to 22 March 1992 5. It also shows in: a. item 12 (Record of Service), block f (Foreign Service): "0004 years, 07 months, and 17 days"; and b. item...
ARMY | BCMR | CY2009 | 20090007509
The applicant provides his DD Form 214, dated 18 May 1998; two DD Forms 215 (Correction to DD Form 214); four certificates for completion of military training courses; four certificates for award of the Army Achievement Medal; two DA Forms 638-1 (Recommendation for Award); and orders for award of the Expert Infantry Badge (Silver). The available service record provides the following evidence concerning awards that should be included on the 1998 DD Form 214. a. For enlisted Soldiers with...
ARMY | BCMR | CY2014 | 20140017682
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Kuwait in March 1998. The applicant provides: * Honorably Discharge Certificate * Oath of Reenlistment * DD Form 4 (Enlistment/Reenlistment Document) * Memorandum authorizing her the Armed Forces Expeditionary Medal * Request for name change * DA Form 638 (Recommendation for Award) (unsigned/unapproved) CONSIDERATION OF EVIDENCE: 1. Therefore, she...
ARMY | BCMR | CY2010 | 20100024531
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in support of Operation Desert Shield/Desert Storm. The applicant provides his DD Form 214. Based on his service in Southwest Asia there is no correction to be made to item 12f of his DD Form 214; however, correction is appropriate to item 18 of his DD Form 214 to show his deployed service.
ARMY | BCMR | CY2014 | 20140012320
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his foreign service in: * Saudi Arabia, from 1 August 1990 through 15 April 1990 [sic], * Korea, from 24 February 1988 through 22 February 1989 * Europe, from 15 October 1998 through 14 June 2002 2. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in the following locations during the period specified: * Korea 24 February 1988 through 22 February...
ARMY | BCMR | CY2010 | 20100015242
His DA Form 2-1 (Personnel Qualification Record) and Enlisted Record Brief (ERB) do not show any deployments or overseas service. Although the applicant contends he is entitled to the SWASM based on his deployment to Kuwait in support of Operation Desert Fox and Operation Desert Thunder, the SWASM is awarded for participation in support of Operations Desert Shield/Desert Storm during the period 2 August 1990 to 30 November 1995. His Veteran/Service Member Profile extracted from the VA...
ARMY | BCMR | CY2009 | 20090002890
The applicant provides copies of a DD Form 214, deployment orders (Afghanistan), redeployment orders (Iraq), and a Deployment History Report as documentary evidence in support of this application. Evidence shows the applicant served a qualifying period of service in a designated area of eligibility for award of the Global War on Terrorism Service Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show his deployments to Kuwait and Afghanistan during the period...
ARMY | BCMR | CY2013 | 20130020995
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal and to reflect his deployment to Kuwait in support of Operation Desert Spring. The evidence shows the applicant served a qualifying period of service in Kuwait for award of the Armed Forces Expeditionary Medal.
ARMY | BCMR | CY2010 | 20100014391
The available evidence does not show he was awarded the Army Good Conduct Medal for this period of service from 21 October 1998 to 20 October 2001. The evidence also shows he completed a qualifying period of service for award of the Army Good Conduct Medal (First Award) from 21 October 1998 to 20 October 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 12f of his DD Form 214 the entry "00 00...