IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110013754
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 his service in Kuwait be shown in Block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* he served in Kuwait in 1996 as a combat engineer
* the Department of Veterans Affairs (DVA) will qualify him for benefits if he can prove his Southwest Asia (SWA) service
3. The applicant provides two DD Forms 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 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 service records contained in iPERMS (Interactive Personnel Electronic Records Management System) only show his Regular Army (RA) service from 5 November 1998 through 16 March 2000.
3. During his short RA service the applicant was assigned to the 175th Engineer Company, Fort Bragg, NC. He failed multiple Army Physical Fitness Tests (APFT) and was processed for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. There is no indication in his service records that he ever deployed to SWA during his RA service.
4. The applicant provided a DD Form 214 for 4 months and 13 days of active duty as a U.S. Army Reserve (USAR) Soldier during the period 24 January 1989 through 6 June 1989. The DD Form 214 shows no foreign service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214, and provides that foreign service performed during the period covered by the DD Form 214 will be captured in Block 12f and explained in Block 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's iPERMS records are the only records available for review. These records do not show any foreign service or unit deployment activity, and they do not reflect any service prior to 5 November 1998.
2. The applicant requests correction of his DD Form 214 to show service in Kuwait in 1996. There is no record of such service, and the date of such service, if performed, is outside of the time period covered by the DD Form 214.
3. The applicant has provided no evidence to show he served in SWA.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20110013754
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110013754
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001868
It further shows in: * item 2 (Department, Component and Branch): ARMY / ARNG * item 13 award of the SWASM (it does not show award of the KLM) * item 12 (Record of Service): * block a (Date Entered AD This Period): "1993 02 02" * block b (Separation Date This Period): "1998 12 15" * block c (Net Active Service This Period): "005 10 14" * item 18 does not show he deployed with his unit to a foreign country 15. The evidence of record shows the applicant served in SWA during the period 14...
ARMY | BCMR | CY2012 | 20120006385
The applicant's Enlisted Record Brief, dated 17 February 2006, shows in section I (Assignment Information), Overseas/Deployment Combat Duty: * Nicaragua - 25 November 1998 to 27 February 1999 * Korea - 13 October 1995 to 18 November 1996 * Haiti - 22 September to 17 October 1994 * Kuwait - 6 June to 12 September 1991 * Germany - 12 January 1989 to 22 March 1992 5. It also shows in: a. item 12 (Record of Service), block f (Foreign Service): "0004 years, 07 months, and 17 days"; and b. item...
ARMY | BCMR | CY2012 | 20120017714
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia (SWA) during Operation Desert Shield/Storm (ODS) and all of his authorized awards. 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...
ARMY | BCMR | CY2010 | 20100008816
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Kuwait. 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. Therefore, it would be appropriate to add this award to item 13 of his DD Form 214.
ARMY | BCMR | CY2015 | 20150000957
The evidence of record shows the applicant's service in support of: a. c. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 28 July 1986 through 27 July 1989. 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 28 July 1986 through 27 July 1989 (Standard Name Line: SPC...
ARMY | BCMR | CY2009 | 20090006195
The applicant requests the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Service in Southwest Asia (SWA) from August 1990 to April 1991; * Award of the Army Commendation Medal, the Army Achievement Medal (Third Award), the Army Good Conduct Medal, and Certificates of Achievement; and * Completion of the 62E Construction Equipment Operator Course, the Combat Lifesaver Course, the Emergency Medical Technician Course, and the Airborne Course....
ARMY | BCMR | CY2011 | 20110010376
The applicant requests, in effect, correction of his records to show all of his military training; his service (and duties) in Germany; his service during Operation Desert Shield/Desert Storm; his Reserve service; and all of his awards. The DD Form 214 he was issued at the time shows in: a. item 12f (Foreign Service) the entry "02 05 23" indicating he completed 2 years, 5 months, and 23 days of foreign service during his period of active service; b. item 13 (Decorations, Medals, Badges,...
ARMY | BCMR | CY2014 | 20140002648
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his service in Southwest Asia (SWA) during Operations Desert Shield/Desert Storm. This information should be used to correct block 18 of his DD Form 214 to show his dates of deployment to SWA. The evidence shows he served in Korea for a period of 1 year.
ARMY | BCMR | CY2011 | 20110006153
The applicant states he participated in the Gulf War; however, his DD Form 214 makes no reference to that service. 9 Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding the KDSM, SWASM with two...
ARMY | BCMR | CY2011 | 20110023669
Application for correction of military records (with supporting documents provided, if any). The Armed Forces Expeditionary Medal is recorded in item 13 of the applicant's 20 June 1999 DD Form 214. 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 20 June 1999 DD Form 214 the entry "SERVICE IN KUWAIT FROM 19980227-19980507."