BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010396
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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Kuwait.
2. He states that he deployed to Kuwait on 18 February 1998 and this deployment is missing from his records.
3. He provides:
* The second page of a DA Form 4856 (General Counseling Form)
* Record of Manifest, dated 19 February 1998
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
4 September 1980. He completed training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. He served continuously in the Regular Army until he was discharged on 29 September 1999. His DD Form 214 shows he completed 8 years, 6 months, and 7 days of foreign service.
4. Item 18 (Remarks) of his DD Form 214 does not show he served in Kuwait during his period of active service.
5. A staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 20 February 1998 through 29 April 1998.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. Currently, the country and date of deployment for an active duty Soldier are listed in Item 18.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Kuwait from 20 February 1998 through 29 April 1998. As a matter of equity, Item 18 on his DD Form 214 should be corrected to show the entry "SERVICE IN KUWAIT FROM 19980220 - 19980429."
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 adding to Item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19980220 - 19980429."
_______ _ _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) AR20110010396
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ABCMR Record of Proceedings (cont) AR20110010396
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