IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100028775
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 to add his service in Kuwait from June to August 1998 to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states his service in Kosovo is listed on his DD Form 214, but not his service in Kuwait.
3. He provided a copy of his DD Form 214 for the period ending 10 September 2001.
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. His military personnel record shows he enlisted in the Regular Army on 11 September 1997 for 4 years. After the completion of training, he served in military occupational specialty 63T (Bradley Fighting Vehicle Mechanic).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
* Item 5 (Oversea Service) - he served in Kosovo from 10 May 2001 through 12 July 2001
* item 9 (Awards, Decorations and Campaigns):
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
4. The Defense Finance and Accounting Service (DFAS) office confirms he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) pay as follows:
* Kuwait - 18 May through 9 July 1998 (1 month and 22 days)
* Macedonia - 11 May through 10 July 2001 (2 months)
5. On 10 September 2001, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for the completion of his Reserve service obligation. His DD Form 214 shows the following entries:
* Item 12f (Foreign Service) - 2 months and 3 days
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Kosovo Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Pin
* NATO Medal (Kosovo)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge
* Item 18 (Remarks) - no entry for his service in Kuwait or Macedonia
6. 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. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that:
a. the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form;
b. for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirms he received HF/IDP and CZTE pay for:
* Kuwait - 18 May through 9 July 1998 (1 month and 22 days)
* Macedonia - 11 May through 10 July 2001 (2 months)
2. Based on the evidence of record, he is entitled to correction of item 12f of his DD Form 214 to show he completed 2 months and 22 days of total foreign service during his period of service.
3. Army Regulation 635-5 states to enter the name of the country and inclusive dates of deployment for active duty Soldiers in item 18 of the DD Form 214. As a result of his deployment to Kuwait and Macedonia, the following information should be entered in item 18 of his DD Form 214:
* SERVICE IN KUWAIT FROM 19980518 - 19980709
* SERVICE IN MACEDONIA FROM 20010511 - 20010710
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:
a. deleting from item 12f of his DD Form 214 the entry 0000 02 03 and replacing it with the entry 0000 3 22; and
b. adding to item 18 of his DD Form 214 the entries:
* SERVICE IN KUWAIT FROM 19980518 - 19980709
* SERVICE IN MACEDONIA FROM 20010511 - 20010710
_________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) AR20100028775
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028775
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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