IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100016185
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 foreign service in Kuwait.
2. The applicant states he served in Kuwait from 3 December 2007 to 6 March 2009, but his DD Form 214 does not show his foreign service.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for 3 years and 29 weeks on 25 October 2006. He completed basic combat and advanced individual training and he was awarded military occupational specialty 91B (Wheeled Vehicle Mechanic).
2. Section 1 (Assignment Information) of his Enlisted Record Brief shows he served in Kuwait from 3 December 2007 to 6 March 2009.
3. He was honorably released from active duty on 15 May 2010 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. His DD Form 214 shows in:
a. item 12 (Foreign Service) "0000 00 00";
b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal (Kuwait), and Driver and Mechanic Badge; and
c. item 18 (Remarks) "SERVICE IN KUWAIT FROM 20071203-20090306."
4. An email from the Defense Finance and Accounting Service, dated 13 January 2011, confirms the applicant received hazardous fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 9 December 2007 to 6 March 2009.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that item 12 shows the record of service. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.
6. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.
7. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed 1 year, 3 months, and 4 days of foreign service in Kuwait from 3 December 2007 to 6 March 2009, but his DD Form 214 inadvertently omitted this period of foreign service. Therefore, he is entitled to correction of his DD Form 214 to show his foreign service.
2. As a related issue, the applicant served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Also as a related issue, it is noted that his DD Form 214 shows award of the Kuwait Liberation Medal (Kuwait). This medal is awarded only to those who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. However, it is the policy of this Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.
BOARD VOTE:
___X____ __X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* deleting the entry "0000 00 00" from item 12 of his DD Form 214 and replacing it with the entry "0001 03 04"
* adding the Global War on Terrorism Service Medal to item 14 of his 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) AR20100016185
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016185
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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