BOARD DATE:	30 August 2011

		DOCKET NUMBER:  AR20110004131


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 deployment to Kuwait.

2.  The applicant states he was deployed to Kuwait as part of Operation Intrinsic Action 99-02.  The deployment period was omitted from his DD Form 214.
 
3.  The applicant provides a statement outlining military service, and a copy of his DD Form 214. 

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.  On 17 September 1998, the applicant enlisted in the Regular Army for
4 years.  He completed his initial training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  

3.  Defense Finance and Accounting Service records show the applicant received hostile fire and imminent danger pay for service in Kuwait from 16 April to
8 August 1999 [3 months and 23 days].

4.  On 16 September 2002, the applicant was discharged.  He had completed 
4 years of creditable active duty service.

5.  The applicant's DD Form 214 shows:

	a.  in Item 12f (Foreign Service):  zero;

	b.  in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Army Lapel Button, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and

	c.  in item 18 (Remarks):  no data for deployment to Kuwait. 

6.  Army Regulation 600-8-22 (Military Awards):

	a.  States the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  Provides for award of the Armed Forces Expeditionary Medal (AFEM) to participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The AFEM was authorized for service in Kuwait during Operation Desert Spring from
31 December 1998 to 18 March 2003.

	c.  States the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that item 18 will contain the following entry for Regular Army Soldiers:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
 
DISCUSSION AND CONCLUSIONS:

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

2.  The evidence shows the applicant was deployed to Kuwait for 3 months and 23 days from 16 April to 8 August 1999.  Therefore, Items 12f and 18 of his DD Form 214 should be corrected to reflect this service. 

3.  The applicant’s records shows he distinguished himself in the performance of his military service as evidenced by his honorable release from active duty.  Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  It is presumed that he did not receive the award due to an oversight.  Accordingly, he should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

4.  The available evidence clearly shows he served during a qualifying period for award of the Armed Forces Expeditionary Medal and the Global War on Terrorism Service Medal.  His DD Form 214 should be corrected to add these medals.


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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
17 September 1998 through 16 September 2001,

	b.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal 
(1st Award), Armed Forces Expeditionary Medal, and the Global War on Terrorism Service Medal,

	c.  showing in item 12f of his DD Form 214:  3 months and 23 days; and

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19990416-19990808."



      __________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)                                         AR20110004131



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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