BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110016558 


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 he served in Southwest Asia (SWA).

2.  The applicant states he deployed from Fort Carson, CO to Camp Doha in Kuwait City, Kuwait at the end of 1995 and he served there until the beginning of 1996.  He requires this correction of his records for veteran benefits.

3.  The applicant provides no additional documentary evidence in support of his request.

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 U.S. Army Reserve (USAR) on 15 September 1992.  He was ordered to active duty for training (ADT) on 7 June 1993, completed training, and he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  He was honorably released from ADT on
17 September 1993 and transferred back to his USAR unit.

3.  On 23 March 1994, he was honorably discharged from the USAR and on
24 March 1994, he enlisted in the Regular Army (RA) for a period of 3 years.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) no entry (is blank), and

	b.  item 35 (Record of Assignments) he was assigned to:

* Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, Fort Carson, from 25 March 1994 through 13 June 1995
* the 32nd Transportation Company, Fort Carson, on 14 June 1995

5.  The applicant's DD Form 214 shows he entered active duty on 24 March 1994 and he was discharged on 27 November 1996.  He completed 2 years, 7 months, and 25 days of net active service this period.

6.  ABCMR Record of Proceedings, Docket Number AR20090007329, dated
22 September 2009, concluded the applicant's record should be corrected to show he served in Cuba from 29 August 1994 [emphasis added] to 31 January 1995.  The recommendation directed that his DD Form 214 be corrected to show he served in Cuba from 31 August 1994 [emphasis added] to 31 January 1995.

7.  A DD Form 215 (Correction to DD Form 214), dated 1 December 2009, corrected the applicant's DD Form 214 for the period ending 27 November 1996 to show in:

	a.  item 12f (Record of Service/Foreign Service) the entry "0000  05  03" to indicate he completed 5 months and 3 days of foreign service, and

	b.  item 18 (Remarks) the entry "Service in Cuba from 19940831 to 19950131."

8.  Information retrieved from the Gulf War Deployment Roster shows the applicant was deployed from:

* 1 January through 30 April 1995
* 1 November through 31 December 1995

9.  On 1 March 2012, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received the following:

* foreign duty pay (FDP) for the period 29 August 1994 through 31 January 1995 (no country identified)
* hostile fire/imminent danger pay (HF/IDP) for the period 29 October through 13 December 1995 (no country identified)

10.  Department of Defense Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), 
chapter 10 (Special Pay - Duty subject to hostile fire or imminent danger), paragraph 1001 (Entitlement Provisions), provides that HF/IDP is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  The appropriate commander shall certify that the member has met the requirements for entitlement to HF/IDP for a given month.

11.  Army Regulation 600-8-22 (Military Awards) states the SWA 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)

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted Record Brief (ERB), enlistment/reenlistment documents, personnel/finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

		(1)  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., item 12c).  (To compute this entry, obtain the foreign service from the PQR or ERB.  If necessary, verify the foreign service in the MPRJ and/or OMPF).

		(2)  item 13, entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

		(3)  item 18, use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their respective blocks.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Kuwait from the end of 1995 to the beginning of 1996 and that his records should be corrected to show this service.

2.  The evidence of record is as follows:

	a.  the Gulf War Deployment Roster shows the applicant was deployed from
1 January to 30 April 1995 and from 1 November through 31 December 1995;

	b.  ABCMR Docket Number AR20090007329, dated 22 September 2009, corrected the applicant's records to show he served in Cuba from 31 August 
(vice 29 August) 1994 to 31 January 1995; and

	c.  DFAS records show the applicant received FDP and HF/IDP, as follows:

* 29 August 1994 through 31 January 1995 (no country identified)
* 29 October through 13 December 1995 (no country identified)

3.  While the evidence is conflicting with respect to the dates of overseas service, the evidence of record shows the applicant served in SWA in late 1995.

	a.  The Gulf War Deployment Roster generally shows the period the Soldier was authorized HF/IDP for a given month during the period of the deployment.

	b.  Based on the available evidence, it would be appropriate to correct the applicant's DD Form 214 to show he served in SWA from 29 October through
13 December 1995.

4.  A calculation of the applicant's two periods of foreign service shows:

	1995  12  13	date of redeployment
	- 1995  10  29	date of deployment to SWA
	=     00  01  14
	+                   1	day inclusive
	=     00  01  15	foreign service in SWA


	1995  01  31	date of redeployment
	- 1994  08  29	date of deployment to Cuba
	=     00  05  02
	+                   1	day inclusive
   	           00  05  03	foreign service in Cuba
	
	00  05  03	service in Cuba
	+ 00  01  15	service in SWA
	    = 00  06  18	total foreign service

5.  Therefore, it would be appropriate to show this total period of foreign service in item 12f of the applicant's DD Form 214.  It would also be appropriate to correct item 18 of his DD Form 214 to show he served in SWA during the above cited period.

6.  The DD Form 215, dated 1 December 2009, corrected the applicant's
DD Form 214 to show 5 months and 3 days of foreign service and the period of service from "31 August 1994 to 31 January 1995."  However, the evidence of record shows that the period of foreign service should have been corrected to show "29 August 1994 to 31 January 1995."

7.  The evidence of records shows the applicant served a qualifying period of service for award of the SWA Service Medal with 1 bronze service star.

8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  _____x___  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his DD Form 215, dated 1 December 2009;

	b.  deleting the original entry in item 12f of his DD Form 214 for the period ending 27 November 1996 and replacing it with the entry "0000  06  18";

	c.  adding to item 13 of his DD Form 214 for the period ending 27 November 1996 the Southwest Asia Service Medal with 1 bronze service star; and

	d.  adding to item 18 of his DD Form 214 for the period ending 27 November 1996 the entry:

* "SERVICE IN CUBA FROM 19940829 - 19950131"
* "SERVICE IN SOUTHWEST ASIA FROM 19951029 - 19951213"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to service in Kuwait in 1996.



      _________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)                                         AR20110016558



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ABCMR Record of Proceedings (cont)                                         AR20110016558



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