IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022852 


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 add his service in Kuwait, missing awards, and schools.

2.  The applicant states he was deployed with the 64th Forward Support Battalion, Fort Carson, CO, to Kuwait for intrinsic duty during the Persian Gulf War.  This service was not documented on his DD Form 214.  Also, some of his medals and military schools were not recorded on his DD Form 214.  The clerk who updated his DD Form 214 failed to correctly update all of his information.

3.  The applicant provides his evidence through counsel.  

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel makes no comment.

2.  Counsel provides a copy of the applicant's DD Form 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 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 11 August 1994 and held military occupational specialty 63H (Track Vehicle Repairer).  

3.  He was honorably released from active duty on 10 August 1997.  His DD Form 214 shows he completed 3 years of net active service.  This form shows he completed the track vehicle repairer course in 1995.  It also shows in:

* Item 12f (Foreign Service) - the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  There is no evidence, other than what is currently listed on his DD Form 214, of military schools in his record.

5.  His record contains one Army Commendation Medal Award Certificate which lists Permanent Orders (POs) Numbers 58-03, issued on 21 February 1997, by Headquarters, 4th Brigade, 4th Infantry Division, for the period 15 March 1995 to 15 May 1997.

6.  His name appears on the Gulf War Deployment Roster from 1 November 1995 through 31 December 1995.  The Gulf War Roster records deployment dates using the first and last day of the arrival and departure months.

7.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's foreign service in Kuwait.  By email, dated 10 May 2010, a DFAS representative verified the applicant received hostile fire/imminent danger pay for service in Kuwait from 25 October 1995 to 5 December 1995.

8.  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)

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 1 month and 6 days of foreign service in Southwest Asia from 25 October 1995 to 5 December 1995, and participated in the Cease-Fire campaign.  As such, he is entitled to correction of his DD Form 214 to show his foreign service as well as the Southwest Asia Service Medal with one bronze service star.

2.  His DD Form 214 does not reflect award of the Army Commendation Medal; however, the evidence of record shows POs awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.

3.  He served in Kuwait and received hazardous fire pay and imminent danger pay from 25 October 1995 to 5 December 1995.  Therefore, he is entitled to have his DD Form 214 corrected to show the entry "Service in Kuwait from 25 October 1995 to 5 December 1995" added to item 18 of his DD Form 214.
4.  The only military training recorded in his record is the track vehicle repairer course, which is already listed on his DD Form 214; therefore, he is not entitled to correction of his DD Form 214 to add additional military training.

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:

* deleting from item 12f of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  01  06"
* adding to item 13 the Army Commendation Medal and the Southwest Asia Service Medal with one bronze service star
* adding to item 18 the entry "Service in Southwest Asia from 25 October 1995 to 5 December 1995"

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 additional military schools to 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)                                         AR20110022852





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ABCMR Record of Proceedings (cont)                                         AR20110022852



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