BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090002826 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Kuwait from 4 August 1992 to 2 October 1992.

2.  The applicant states she served in Kuwait from 4 August 1992 to 2 October 1992 in support of Exercise Intrinsic Action at Camp Doha and that her DD Form 214 does not show her 2 months of foreign service.

3.  The applicant provides a copy of her DD Form 214, dated 24 November 1993; a copy of a certificate of participation in Joint Task Force-Kuwait, dated 4 October 1992; and a copy of a DA Form 638 (Recommendation for Award), dated 23 November 1992, in support of her request.

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's records show she enlisted in the Regular Army for a period of 5 years on 15 November 1988.  She completed basic combat and advanced individual training and was awarded military occupational specialty 45G (Fire Control System Repairer).  She was honorably released from active duty in the rank/grade of specialist/E-4 on 24 November 1993 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her Reserve obligation.

3.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the entry, "00  00  00."

4.  Item 18 (Remarks) of her DD Form 214 does not indicate she completed any deployments.

5.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows she was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button.

6.  The applicant submitted a copy of a DA Form 638, issued by Headquarters, 13th Corps Support Command, Fort Hood, TX, on 23 November 1992, which shows she was awarded the Army Achievement Medal for meritorious achievement during Exercise Intrinsic Action at Camp Doha, Kuwait, from 4 August 1992 to 2 October 1992.

7.  The applicant's name is shown on the Gulf War roster as having served in Southwest Asia from 1 August 1992 to 31 October 1992.

8.  An electronic mail message, dated 27 July 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 1 August 1992 to 31 October 1992 for her service in Kuwait.

9.  HFP/IDP is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation currently in effect directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty [emphasis added] to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s records.  The "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her service in Kuwait.

2.  The applicant’s DA Form 638 shows she was awarded the Army Achievement Medal for meritorious achievement during Exercise Intrinsic Action at Camp Doha, Kuwait, from 4 August 1992 to 2 October 1992.  She also received HFP/IDP from 1 August 1992 to 31 October 1992.

3.  Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area and since the applicant's pay records show that she received HFP/IDP from August 1992 through October 1992, it appears that the applicant's contention of her service in Kuwait is consistent with her pay records at DFAS.  Therefore, there is sufficient evidence that shows she completed a period of 1 month and 29 days of foreign service in Kuwait and is entitled to correction of her records to show this period of foreign service.

4.  Permanent orders awarded the applicant the Army Achievement Medal for meritorious achievement during Exercise Intrinsic Action at Camp Doha, Kuwait, from 4 August 1992 to 2 October 1992.  Although not specifically requested by the applicant, there is no harm to the Army or Soldier if her DD Form 214 is corrected to show this award.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  deleting the entry, "00  00  00" from item 12f of the applicant’s DD Form 214 and adding the entry, "00  01  29";

	b.  adding the Army Achievement Medal to item 13 of her DD Form 214; and

	c.  adding the entry, "Service in Kuwait from 19920804 to 19921002" to item 18 of her DD Form 214.



      ____________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)                                         AR20090002826



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ABCMR Record of Proceedings (cont)                                         AR20090002826



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