IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20090020991 


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 awards of the Army Achievement Medal (AAM) and the Armed Forces Expeditionary Medal (AFEM), and that his time served in Kuwait be entered as well.

2.  The applicant states that it was not until he attempted to join the American Legion that he realized his DD Form 214 did not contain his awards of the AAM and AFEM, or his service in Kuwait with Task Force 1-12 on Intrinsic
Action 97-03.

3.  The applicant provides:

* a copy of his AAM Certificate containing his orders number, dated
21 December 1997
* a copy of a memorandum awarding the AFEM to individuals in various units, dated 1 December 1997
* a copy of his DD Form 214 for the period ending 17 July 1998
* a Certificate of Achievement for his participation in Task Force 1-12 during Intrinsic Action 97-3 in Kuwait from September to December 1997
* a letter from his congressional representative to the Army Review Boards Agency, Support Division, St. Louis, MO, dated 12 November 2009


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 on 18 July 1995 for a period of 3 years and training as an armor crewman.  He completed his one-station unit training at Fort Knox, KY and he was transferred to Fort Hood, TX for assignment to Company B, 1st Battalion, 67th Armor Battalion, 4th Infantry Division.

3.  The applicant deployed to Kuwait as part of Task Force 1-12 in support of Operation Intrinsic Action 97-03 from 14 September to 20 December 1997 for a period of 3 months and 7 days.  He was awarded the AAM by Permanent Orders Number 74-555, dated 21 December 1997, for his performance of duties in that operation.

4.  The applicant provided a copy of a memorandum issued by U.S. Army Central Command - Kuwait, dated 1 December 1997, announcing that the attached listed Soldiers participated in Operation Southern Watch and met the criteria for award of the AFEM.  A copy of the list of names was not included with the memorandum.  However, the applicant's unit is listed on the distribution list.

5.  On 5 May 1998, the applicant was awarded the Army Good Conduct Medal (AGCM) (1st award) by Permanent Order 125-49, issued by the 502d Personnel Services Battalion, 3rd Personnel Group, Fort Hood.

6.  On 17 July 1998, the applicant was honorably released from active duty (REFRAD) due to completion of required active service.  He had served a total of 3 years of active service.  Item 12f (Foreign Service) does not show any foreign service time.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD does not reflect award of AAM, AFEM, or the AGCM (1st award).  
Item 18 does not show any overseas deployments.


7.  Army Regulation 635-5 (Personnel Separations - 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.  It states:

* for item 12f, enter the total amount of foreign service completed during the period covered by the report
* for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should reflect awards of the AAM and AFEM and that his service in Kuwait should be reflected has been noted and found to have merit.

2.  The applicant was awarded the AAM.  Therefore, this award should be added to his DD Form 214.

3.  He served in Kuwait from 14 September to 20 December 1997.  Accordingly, his records should be appropriately corrected to reflect his service in Kuwait in item 12f and item 18 of his DD Form 214.

4.  Although the individual name listing containing the applicant's name was not provided with the memorandum provided by the applicant, there is sufficient evidence to corroborate his participation with his unit in Kuwait for entitlement to the AFEM.  Therefore, this award should be added to his DD Form 214.

5.  Additionally, the applicant was awarded the AGCM (1st award) and this award should be added to his DD Form 214 as well.

BOARD VOTE:

_____X__  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  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 "0000  00  00" and replacing it with the entry "0000  03  07";

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal, Army Good Conduct Medal (1st award), and the Armed Forces Expeditionary Medal; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19970914 - 19971220.

2.  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)                                         AR20090020991



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020991



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1