IN THE CASE OF:
BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090006825
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 that his period of service in Kuwait be included on his 2 August 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Kuwait and was awarded the Armed Forces Expeditionary Medal for this service, but his service is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, two Certificates of Achievement, an Army Achievement Medal certificate, and three photographs.
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 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 enlisted in the Regular Army on 7 March 1995, completed training, and was awarded the military occupational specialty 63T (Bradley Fighting Vehicle Mechanic).
3. The applicant received a Certificate of Achievement for his service with Task Force 1-12 during Intrinsic Action 97-3 in Kuwait from September through December 1997.
4. On 21 December 1997, he received the Army Achievement Medal for his performance while deployed to Kuwait with Task Force 1-12 during Intrinsic Action 97-3 in Kuwait from 14 September through 20 December 1997.
5. The applicant received a Certificate of Achievement for his service with the 9th Battalion, 1st Field Artillery for his service during deployment on [a] Central Command Exercise from 20 September 1997 through 17 December 1997.
6. The Gulf War Deployment Roster shows the applicant served in Kuwait for the period 1 October 1997 through 31 December 1997.
7. The applicant was released from active duty on 2 August 2000 with transfer to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 does not reflect any foreign service in either block 12f (Foreign Service) or in block 18 (Remarks).
8. Subsequent to his release from active duty, the applicant applied for and received a commission in the Field Artillery and is still on active duty.
9. Army Regulation 635-5 (Separation Documents) provides the following pertinent instructions for completing the DD Form 214:
a. Block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. Block 18, the following statement is mandatory for denoting foreign service in an area for which hostile fire pay or imminent danger pay was authorized: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example: YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served in Kuwait and was awarded the Armed Forces Expeditionary Medal for this service, but his service is not reflected on his DD Form 214.
2. From the best available evidence, the applicant can be shown to have served in Kuwait for the period 14 September 1997 through 20 December 1997, a period of 3 months and 7 days. It is appropriate to enter this figure on his DD Form 214 at block 12f.
3. It is also appropriate to enter at block 18 the entry SERVICE IN KUWAIT FROM 19970914 -19971220.
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. showing in block 12f of his DD Form 214 3 months and 7 days of foreign service ; and
b. in block 18 "SERVICE IN KUWAIT FROM 19970914 -19971220."
_______ _ _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) AR20090006825
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090006825
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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