BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100001144
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.
2. The applicant states his service in Kuwait during Intrinsic Action 95-03, Phase II, is not shown on his DD Form 214.
3. The applicant provides a Certificate of Achievement.
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's military records show he enlisted in the Regular Army on 19 April 1994. He completed initial entry training, he was awarded the military occupational specialty 63H (track vehicle repairer), and he was advanced to pay grade E-4.
3. The applicant provided a Certificate of Achievement for meritorious service during Intrinsic Action 95-03, Phase II, from 25 October to 15 December 1995.
4. On 3 September 1997, the applicant was honorably discharged by reason of disability, with severance pay. He completed 3 years, 4 months, and 15 days of active service.
5. Item 12f (Foreign Service) of his DD Form 214 contains the entry,
"0000 00 00."
6. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Overseas Service) that he served in Kuwait from 951025 - 921215 for 2 months in a temporary duty status.
7. 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. It states that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).
8. Army Regulation 635-5, in effect at the time, did not provide for deployments to be recorded on the Soldier's DD Form 214; however, the current version of the regulation prescribes, in pertinent part, that 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 COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicants DA Form 2-1 and the Certificate of Achievement he provided show he served in Kuwait during the period 15 October to 15 December 1995 for a total of 2 month and 1 day. Therefore, it would be appropriate to correct item 12f of his DD Form 214 to show this foreign service.
2. While the regulation in effect at the time did not provide for deployments to be recorded on a Soldier's DD Form 214, it would be in the interest of equity to apply the current standards to enter the applicant's deployment on his DD Form 214.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 the DD Form 214 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 02 01"; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19951015 - 19951215."
__________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) AR20100001144
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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