IN THE CASE OF:	  

		BOARD DATE:	    31 August 2010

		DOCKET NUMBER:  AR20100008816 


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 he served in Kuwait.

2.  The applicant states he was attached to Task Force 3-15, 3rd Infantry Division, Intrinsic Action 99-01, Camp Doha, Kuwait, from November 1998 to April 1999, but his DD Form 214 does not show this foreign service.  He adds that he is being treated for his Persian Gulf War symptoms by the Department of Veterans Affairs.

3.  The applicant provides copies of two certificates of achievement, a magazine article, and Christmas card.

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 and entered active duty in the Regular Army (RA) on 11 September 1996.  Upon completion of training he was awarded military occupational specialty 12B (Combat Engineer).  He reenlisted in the RA for a period of 4 years on 28 October 1998.

3.  Headquarters, 3rd Battalion, 15th Infantry (Mechanized), Fort Stewart, GA, Permanent Order Number 066-22, dated 7 March 1999, awarded the applicant the Army Achievement Medal for meritorious service while assigned to the Assault and Obstacle Platoon, Company A, 10th Engineer Battalion, Intrinsic Action 99-01, Task Force 3-15 Infantry.

4.  The applicant's DD Form 214 shows he was honorably discharged on 21 July 2002 based on disability (with severance pay).  At the time he had completed 5 years, 10 months, and 11 days of net active service.

	a.  Item 12 (Record of Service), block f (Foreign Service), fails to show he completed any foreign service this period.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

	c.  Item 18 (Remarks) does not show he deployed to a foreign country with his unit.

5.  In support of his request, the applicant provides the following documents:

   a.  a Certificate of Achievement, dated 15 April 1999, presented to the applicant for outstanding performance of duty with Task Force China during Intrinsic Action 99-01;

   b.  a Certificate of Achievement awarded to the applicant for outstanding support and performance while assigned to Coalition Task Force - Kuwait;

   c.  a magazine article titled "Co. A/10th Engineer Battalion" that refers to the unit's Soldiers as the Desert Warriors and describes their achievements during Task Force China; and

   d.  a Christmas card from the Commander and Command Sergeant Major, Army Central - Kuwait, dated 25 December 1998. 

6.  In connection with the processing of this case, the Army Military Pay Operations - Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS responded that the applicant received HFP/IDP for his service in Kuwait from 14 December 1998 to 14 April 1999.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214.
	
	a.  Item 12, block f, states enter the total amount of foreign service completed during the period covered in item 12, block c [Net Active Service This Period].

   b.  item 13 states list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 [Military Awards].  Each entry will be verified by the Soldier's records; do not use abbreviations.

	c.  Item 18 states use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in Kuwait.

2.  Records show the applicant deployed with his unit and served overseas in Kuwait from 14 December 1998 to 14 April 1999.  This period of foreign service equates to 4 months and 1 day.  However, neither item 12, block f, nor item 18 of his DD Form 214 reflect this foreign service.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign service.

3.  Permanent orders awarded the applicant the Army Achievement Medal for his meritorious service during Intrinsic Action 99-01.  Therefore, it would be appropriate to add this award to item 13 of his DD Form 214.


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 from item 12, block f, of his DD Form 214 the entry:
"0000" [Year(s)], "00" [Month(s)], "00" [Day(s)];

   b.  adding to item 12, block f, of his DD Form 214 the entry:
"0000" [Year(s)], "04" [Month(s)], "01" [Day(s)];

	c.  adding to item 13 of his DD Form 214 the Army Achievement Medal; and

	d.  adding to item 18 of his DD Form 214 the entry "//SERVICE IN KUWAIT FROM 19981214-19990414//NOTHING FOLLOWS."



      _______ _   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)                                         AR20100008816



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ABCMR Record of Proceedings (cont)                                         AR20100008816



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