BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130001379 


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 all awards he is authorized as a result of his deployment to Kuwait for participation in Exercise Intrinsic Action.  

2.  The applicant states he was deployed to Kuwait as a member of the 82nd Field Artillery and he was informed that there are awards authorized for that service.  

3.  The applicant provides no additional evidence.  

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 16 November 1993.  He was awarded military occupational specialty 63D (Self-Propelled Field Artillery Mechanic).  

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait during the period 20 September - 6 December 1996 
(2 months and 17 days).

4.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) he served in Korea from 6 June 1994 to 5 June 1996 and from 19 April 1999 to 18 April 2000 for a total of two years of overseas service;

	b.  item 35 (Record of Assignments) he was assigned to 2nd Battalion, 82nd Field Artillery, Fort Hood, TX, from 19 October 1995 to 1 March 1997.

5.  A search of the internet confirms the 82nd Field Artillery deployed to Kuwait on or around 17 September 1996 for participation in Exercise Intrinsic Action.  

6.  Military Personnel Message Number 99-228, issued on 1 September 1999, announced the expansion of the area of eligibility for award of the Armed Forces Expeditionary Medal (AFEM) for Exercise Intrinsic Action during the period 
1 December 1995 to 15 February 1997.

7.  A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the Primary Leadership Development Course (PLDC) which he attended during the period 19 April - 18 May 2001.

8.  He was honorably discharged on 25 September 2002.  His DD Form 214 shows in:

	a.  block 12f (Foreign Service) the entry "000  00  00" indicating no foreign service;

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

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (NDSM)
* Army Service Ribbon
* Overseas Service Ribbon (2nd award)
* Expert Marksmanship Qualification Badge with Rifle Bar

	c.  block 14 (Military Education) the entry "None"; and

	d.  block 18 (Remarks) no entry for any deployments

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  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.  

	b.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The Noncommissioned Officer Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. It provides that completion of the Warrior Leader Course (formerly known as PLDC) qualifies for award of the basic ribbon.

	d.  The NDSM 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.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

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 provides standardized policy for the preparation of the DD Form 214 and states for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22;

	c.  block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214, to include title, length in weeks, and year completed; this information is to assist the Soldier in job placement and counseling; and

	d.  block 18, for an active duty Soldier deployed to a foreign country 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.  Evidence shows he was a member of the 82nd Field Artillery when the unit deployed to Kuwait for participation in Exercise Intrinsic Action on or around 
17 September 1996.  Evidence further shows he received HF/IDP and CZTE for service in Kuwait during the period 20 September - 6 December 1996 and that forces assigned to Exercise Intrinsic Action during the period 1 December 1995 to 15 February 1997 are authorized the AFEM.  Therefore, his DD Form 214 should be corrected to show the AFEM in block 13 and by documenting his deployment to Kuwait in block 18.  

2.  Based on his service in Korea, he is also authorized the KDSM.  This award should be added to his DD Form 214.  

3.  Evidence shows he completed the PLDC which entitles him to the basic NCOPDR.  Therefore, his DD Form 214 should be corrected to show this award in block 13 and by adding this course to block 14.

4.  He was awarded the NDSM; however, he served on active duty during two periods of qualifying service for award of the NDSM.  Therefore, he is entitled to two awards of the NDSM and his DD Form 214 should be corrected to show the NDSM with one bronze service star.  

5.  Based on his 2 years of service in Korea and 2 months and 17 days of service in Kuwait, his DD Form 214 should be corrected to reflect this foreign service in block 12f.

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 that all Department of the Army records of the individual concerned be corrected by:

	a.  replacing the current entry in block 12f of his DD Form 214 with the entry "0002  02  17";

	b.  adding to block 13 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Korea Defense Service Medal 
* Noncommissioned Officer Professional Development Ribbon
* National Defense Service Medal with one bronze service star

	c.  replacing the current entry in block 14 of his DD Form 214 with the entry "Primary Leadership Development Course, 4 weeks, 2001"; and

	d.  adding to block 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19960920 - 19961206."




      _______ _  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)                                         AR20130001379



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ABCMR Record of Proceedings (cont)                                         AR20130001379



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