BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023669 


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 Kuwait and award of the Armed Forces Expeditionary Medal.

2.  The applicant states he deployed to Camp Doha, Kuwait City, Kuwait; was assigned to the U.S. Army Technical Escort Unit (USA TEC) in support of Operation Desert Thunder from 27 February to 7 May 1998; and was awarded the Armed Forces Expeditionary Medal.  However, the deployment and service medal are not shown on his 20 June1999 DD Form 214.

3.  The applicant provides copies of his deployment orders, award documents, and an officer evaluation report (OER).

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 was appointed as a Reserve commissioned officer on 12 May 1995 and entered active duty that day.  He was awarded area of concentration 74A (chemical general).

3.  He served overseas in Korea from 13 March 1996 to 17 June 1997.

4.  A DA Form 67-9 (OER) for the period 2 August 1997 through 24 July 1998 shows the applicant's principal duty as a platoon leader in a Department of Defense (DOD) Chemical Biological Response Team (CBRT) with a no-notice mission to rapidly deploy worldwide.  It also shows he was selected to lead a CBRT in support of the Combined Joint Task Force (JTF)-Kuwait and he deployed to Southwest Asia (SWA).

5.  Headquarters, U.S. Army Chemical and Biological Defense Command, Aberdeen Proving Ground, MD, Permanent Order Number 162-2, dated 11 June1998, awarded the applicant the Army Commendation Medal with 2nd Oak Leaf Cluster for meritorious achievement as the CBRT leader in support of JTF-Kuwait from 27 February to 7 May 1998.

6.  The applicant's DD Form 214 shows he entered active duty on 12 May 1995, was honorably released from active duty on 20 June1999, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 4 years, 1 month, and 9 days of net active service this period.

	a.  Item 12f (Foreign Service) shows 1 year, 5 months, and 15 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* Army Commendation Medal with 2nd Oak Leaf Cluster
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge

	c.  Item 18 (Remarks) does not show an entry for deployment to SWA.



7.  The applicant provides the following documents:

	a.  USA TEU, Aberdeen Proving Ground, Travel Order Number 02056, dated 24 February 1998, shows the applicant was authorized 120 days of temporary duty travel from Aberdeen Proving Ground to Kuwait City, Kuwait, beginning 25 February 1998.

	b.  USA TEU-Kuwait Detachment, Camp Doha, Kuwait, memorandum, dated 16 April 1998, shows the officer in charge of the TEU certified that personnel of the unit listed on an attachment to the document (that was not provided by the applicant) met the minimum requirements for the Armed Forces Expeditionary Medal.  The applicant is listed as the point of contact.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Army.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel/finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the official military personnel file.

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

		(1)  For 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.

		(2)  An update to this regulation in 2000 shows that 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 with his unit from 27 February to 7 May 1998 and his 20 June 1999 DD Form 214 should be corrected to show this overseas deployment and the Armed Forces Expeditionary Medal.

2.  The Armed Forces Expeditionary Medal is recorded in item 13 of the applicant's 20 June 1999 DD Form 214.  Therefore, no action is required to correct the applicant's records in this instance.

3.  The evidence of record shows the applicant deployed with his unit as a member of the DOD CBRT and he was assigned to the USA TEU-Kuwait from 27 February to 7 May 1998.  This deployment was prior to the change to the Army regulation that authorized recording an overseas deployment in item 18 of the DD Form 214.  However, as a matter of equity, it would be appropriate to correct the applicant's 20 June 1999 DD Form 214 as recommended below.

BOARD VOTE:

____X____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  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."



      __________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)                                         AR20110023669



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ABCMR Record of Proceedings (cont)                                         AR20110023669



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