IN THE CASE OF:	 

		BOARD DATE:	    14 February 2012

		DOCKET NUMBER:  AR20110016463 


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 Bosnia and Kuwait and all the awards to which he is entitled.  

2.  He states the SFOR (Stabilization Force) PAC [Personnel Administration Center] didn’t put everything in his records.  

3.  He provides:

* Self-authored statement
* Department of Veterans Affairs (VA) Form 21-4142 (Authorization and Consent to Release Information to the VA
* Letter addressed to a VA Regional Office
* VA Notice Response
* Letter of support

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.  The applicant enlisted in the Regular Army on 14 October 1992.  He completed one station unit training at Fort Sill, OK and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Oversea Service), he served in Germany from 3 August 1993 through 2 March 1995 (a period of 1 year and 7 months)
* item 9 (Awards, Decorations and Campaigns), award of the Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal, and Armed Forces Service Medal

4.  He was released from active duty on 13 March 1999 after completing 6 years and 5 months of active military service.  His DD Form 214 erroneously reflects 6 years and 11 months of foreign service in item 12f (Foreign Service) and no deployments in item 18 (Remarks).  

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows award of the Army Achievement Medal, Army Good Conduct Medal, Army Service Ribbon, North Atlantic Treaty Organization Medal, and the Armed Forces Service Medal.  

6.  He provided a self-authored statement in support of his claim and he stated:

	a.  he was told during his out-processing from the Army he would get the corrected DD Form 214 in the mail.

	b.  he is currently in the Post Traumatic Stress Disorder (PTSD) program in Lyons VA in New Jersey and he has to show he was deployed to Bosnia and Kuwait.

	c.  his two deployments and most of his awards are not on his DD Form 214.



7.  He also provided the following documents in support of his claim:

	a.  VA Form 21-4142, he indicated he completed treatment for substance abuse, psychiatry ward and was presently in the PTSD program.

	b.  Letter to VA, he requested an increase in benefits for lumbar spondylosis, PTSD, insomnia, and depression.

	c.  VA Notice Response, he acknowledged receipt of notice from the VA to provide evidence and information to support his claim for benefits.

	d.  Letter of support from his brother, who stated the applicant has lived with him and his family, on and off since 2002.  He stated the applicant could not hold a job, was always irritable and angry, was short-tempered, was not patient, had irregular sleeping patterns, suffered from nightmares and sweats, had no emotions, and had substance abuse issues.

8.  In an email, dated 21 September 2011, the Defense Finance and Accounting Service (DFAS) indicated he received hostile fire pay (HFP)/imminent danger pay (IDP) and Combat Zone Tax Exclusion (CZTE) for the period 17 March to 14 May 1995 (a period of 1 month and 28 days) for service in Kuwait and 19 January to 7 October 1996 (8 months and 19 days) for service in Croatia.  

9.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.  This database shows the applicant was deployed to Southwest Asia from 1 March to 31 May 1995.  

10.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that 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 in item 18.  

11.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that SFOR PAC didn’t put everything on his DD Form 214 is acknowledged and determined to have merit.

2.  His military pay records show he received HFP/IDP and CZTE for the period 17 March to 14 May 1995 (a period of 1 month and 28 days) for service in Kuwait and 19 January to 7 October 1996 (8 months and 19 days) for service in Croatia.  However, his DD Form 214 does not show his deployments to Kuwait and Croatia in item 18.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 to show his service in Kuwait and Croatia.  

3.  His DD Form 214 reflects 6 years and 11 months of foreign service.  However, he served 1 year and 7 months in Germany, 1 month and 28 days in Kuwait, and 8 months and 19 days in Croatia.  This is a total of 2 years, 5 months, and 17 days of foreign service.  His service record is void of evidence which shows he completed additional foreign service during the period covered by the DD Form 214.  Therefore, it would be appropriate to amend item 12f of his DD Form 214 to show 2 years, 5 months, and 17 days.

4.  In addition, he served a period of qualifying service in Kuwait for award of the Southwest Asia Service Medal with three bronze service stars.  Therefore, this service medal should be added to his DD Form 214.  

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry “0006 00 11” from item 12f and replacing it with the entry “0002 05 17”;

   b.  amending item 13 to show award of the Southwest Asia Service Medal with three bronze service stars; and 

	c.  amending item 18 to show the entries “SERVICE IN KUWAIT FROM 19950317 TO 19950514” and “SERVICE IN CROATIA FROM 19960119 TO 19961007.”




      _______ _ 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)                                         AR20110016463





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ABCMR Record of Proceedings (cont)                                         AR20110016463



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