IN THE CASE OF:	  

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130017603 


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 military records to show:

	a.  his dates of service in Kuwait and

	b.  award of the Armed Forces Expeditionary Medal (AFEM), Army Achievement Medal (AAM), Meritorious Unit Commendation (MUC) with two oak leaf clusters, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states:

* there is no listing of his service in Kuwait or the aforementioned awards
* he served under U.S. Army Forces Central Command-Kuwait from August 1999 through January 2000
* he was awarded the AAM and AFEM during this deployment
* the MUC was awarded while stationed with the 704th Combat Support Battalion Medical Company at Fort Hood

3.  The applicant provides:

* DA Form 638 (Recommendation for Award)
* Certificate of Achievement
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 August 2002

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) under the delayed entry program on 28 February 1997 for a period of 8 years.  He enlisted in the Regular Army on 5 August 1997 for a period of 4 years.  He trained as a medical specialist.

3.  Headquarters, U.S. Army Forces Central Command-Kuwait, Permanent Order Number 353-7, dated 19 December 1999, awarded him the AAM for outstanding service during the period 16 August 1999 to 17 December 1999 while attached to the U.S. Army Health Clinic in Kuwait.  His DA Form 638 shows he was assigned to Company E, 704th Division Support Battalion (DSB).

4.  He provided a certificate of achievement for outstanding performance while assigned to Coalition Joint Task Force Kuwait in support of Operation Desert Spring.

5.  His inclusive dates of service in Kuwait are not available.

6.  On 4 August 2001, he was released from active duty and transferred to the USAR.

7.  His DD Form 214 for the period ending 4 August 2001 shows he was awarded or authorized the:

* Army Lapel Button
* Army Service Ribbon

8.  This DD Form 214 does not show any deployments.

9.  He was ordered to active duty for training from the USAR on 5 April 2002.  On 27 August 2002, he was released from active duty upon completion of the 19-week Operating Room Specialist Course.

10.  His DD Form 214 for the period ending 27 August 2002 shows he was awarded or authorized the:

* Army Lapel Button
* Army Service Ribbon

11.  There are no orders for the MUC or the Sharpshooter Marksmanship Qualification Badge with Rifle Bar in the applicant's available records.

12.  He was honorably discharged from the USAR on 12 July 2005.

13.  The U.S. Army Human Resources Command (HRC) previously-approved unit awards and recently-approved unit awards databases do not show the 704th DSB was cited for the award of the MUC while the applicant was assigned to the unit.

14.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Desert Spring in Southwest Asia during the period 31 December 1998 to 18 March 2003.

15.  Army Regulation 600-8-22 states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

16.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.




17.  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 preparation of the DD Form 214.  The regulation specified to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's contention there is no listing of his service in Kuwait.  Since his inclusive dates of service in Kuwait are not available, his AAM orders for outstanding service during the period 16 August 1999 to 17 December 1999 in Kuwait are accepted as sufficient evidence on which to base amending item 18 of his DD Form 214 for the period ending 
4 August 2001 to show he served in Kuwait from 16 August 1999 to 
17 December 1999.

2.  The certificate of achievement for outstanding performance while assigned to Coalition Joint Task Force Kuwait in support of Operation Desert Spring provided by the applicant is sufficient evidence on which to base adding the AFEM to his DD Form 214 for the period ending 4 August 2001.

3.  Permanent orders show he was awarded the AAM.  Therefore, his DD Form 214 for the period ending 4 August 2001 should be corrected to show this medal.

4.  Although the applicant contends his unit was awarded the MUC, there is no evidence of record and he provided no evidence to support this contention.  HRC's databases do not show the 704th DSB was cited for award of the MUC while he was assigned to the unit.  Therefore, there is insufficient evidence on which to base adding the MUC to his DD Forms 214 for the periods ending 
4 August 2001 or 27 August 2002.

5.  There is no evidence of record and the applicant did not provide any evidence which shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, there is insufficient evidence on which to base adding this marksmanship qualification badge to his DD Forms 214 for the periods ending 4 August 2001 or 27 August 2002.




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.  adding the entry "SERVICE IN KUWAIT FROM 19990816-19991217" to item 18 of his DD Form 214 for the period ending 4 August 2001; and 

	b.  adding award of the AAM and AFEM to his DD Form 214 for the period ending 4 August 2001.

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 to adding award of the MUC and Sharpshooter Marksmanship Qualification Badge with Rifle Bar to his DD Forms 214 for the periods ending 4 August 2001 or 27 August 2002.




      _______ _   _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)                                         AR20130017603



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ABCMR Record of Proceedings (cont)                                         AR20130017603



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