IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110017487 


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) as follows:

* item 12f (Foreign Service) to show he served in Kuwait from 15 April 1999 through 15 August 1999
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Pistol and Rifle Bars

2.  The applicant states he deployed in support of Operation Intrinsic 
Action 99-02 in Kuwait.  Upon review of his DD Form 214 (Member Copy), he noticed these blocks are incorrect and/or incomplete.

3.  He provides a copy of a request for issuance of a DD Form 215 (Correction to DD Form 214), dated 27 February 2011.

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's military record shows he enlisted in the Regular Army in pay grade E-3 on 3 September 1997 for 4 years.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).

3.  He was discharged under honorable conditions on 30 January 2001.  His DD Form 214 shows:

* in item 12b (Date Separated This Period) he was discharged on 26 January 2001
* in item 12c (Net Active Service This Period) he was credited with completing 3 years, 4 months, and 24 days of active service
* in item 12f he was credited with no foreign service
* in item 13 no entries for the National Defense Service Medal, Armed Forces Expeditionary Medal, or Expert Marksmanship Qualification Badge with Pistol and Rifle Bars
* in item 18 he had not completed his first full-term of service

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) lists the Army Service Ribbon and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars.

5.  There is no evidence in his military records showing he was awarded or authorized the Armed Forces Expeditionary Medal during his period of active duty.

6.  On 27 February 2001, Headquarters, U.S. Army Infantry Center, authorized issuance of a DD Form 215 to the applicant for the following purpose:

* correcting item 12b to read 2001  01  30 [30 January 2001]
* correcting item 12c to read 0003  04  28 [3 years, 4 months, and 28 days]


7.  A review of his official military personnel file located on the interactive Personnel Electronic Records Management System (iPERMS) failed to show a DD Form 215 was issued.

8.  A staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 14 April 1999 through 14 August 1999.

9.  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:

* item 12b to enter the Soldier's transition date
* item 12c to enter amount of service completed, less lost time, during the period covered by the DD Form 214
* item 12f to enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18 to enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his/her unit during their continuous period of active service

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and 11 September 2001 and a date to be determined.

11.  Army Regulation 600-8-22 also states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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 been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Table 2-4 (Armed Forces Expeditionary Medal – Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation) did not authorize award of the Armed Forces Expeditionary Medal for Operation Intrinsic Action 99-02 in Kuwait.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait from 14 April 1999 through 14 August 1999, a period of 4 months and 1 day.  Therefore, item 12f of his DD Form 214 should be corrected to show he served 4 months and 1 day of foreign service.  Item 18 of his DD Form 214 should also be corrected to add the entry "SERVICE IN KUWAIT FROM 19990414-19990814."

2.  On 27 February 2001, Headquarters, U.S. Army Infantry Center, authorized issuance of a DD Form 215 to him for the following purpose:

* correcting item 12b to read 2001  01  30 [30 January 2001]
* correcting item 12c to read 0003  04  28 [3 years, 4 months, and 28 days]

3.  A review of his records in iPERMS failed to show a DD Form 215.  Based on the foregoing, he is also entitled to correction of items 12b and 12c of his DD Form 214 to show he was discharged on 30 January 2001 and credited with completing 3 years, 4 months, and 28 days of active service.

4.  The evidence also shows he awarded the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar and this award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for this period of service to show this badge.

5.  His contention that he was awarded the Armed Forces Expeditionary Medal is acknowledged.  No evidence was found in his service personnel record to support the addition of this award to his DD Form 214.  More importantly, the governing regulation does not list Operation Intrinsic Action as an authorized operation for this award.  Therefore, he is not entitled to correction to his DD Form 214 to show this award.

6.  The evidence of record shows he was discharged under honorable conditions for misconduct on 30 January 2001 prior to the beginning of a qualifying period of service for award of the National Defense Service Medal.  Therefore, he did not complete a qualifying period of service for this award and is not entitled to its addition to his DD Form 214.

7.  The evidence of record also does not show he was awarded the Expert Marksmanship Qualification Badge with Pistol and Rifle Bars.  Therefore, he is not entitled to correction to his DD Form 214 to show these badges.


8.  In view of the foregoing, his records should be corrected 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 the evidence presented is 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.  deleting the entry "2001  01  26" from Item 12b of the applicant's DD Form 214 and replacing it with the entry "2001  01  30,"

	b.  deleting the entry "0003  04  24" from item 12c of his DD Form 214 and replacing it with the entry "0003  04  28,"

	c.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  04  01,"

	d.  adding the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar to item 13 of his DD Form 214, and

	e.  adding the entry "SERVICE IN KUWAIT FROM 19990414-19990814" to item 18 of his DD Form 214.

2.  The Board further determined 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 adding the National Defense Service Medal, 

Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Pistol and Rifle Bars to item 13 of his DD Form 214.



      _____________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)                                         AR20110017487



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017487


   
2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1