BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021649
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 his deployment to Kuwait in 1996.
2. The applicant states he was deployed from his unit to Kuwait from 1 April through 15 August 1996. He wants his service record to reflect this deployment to the Middle East.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 28 July 1994. He served as a fighting vehicle infantryman.
3. His DA Form 2-1 (Personnel Qualification Record) lists in:
* Item 5 (Overseas Service) left blank
* Item 35 (Record of Assignments) he was assigned to the 3rd Battalion, 15th Infantry, 2nd Brigade, Fort Stewart, GA
4. He was discharged from active duty on 3 July 1997. His DD Form 214 lists in:
* Item 12f (Foreign Service) zero credit
* Item 18 (Remarks) no period(s) of deployment
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated:
* Item 12f of the DD Form 214 would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active service, would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The evidence of records does not show the applicant served in Kuwait during his period of active duty from July 1994 to July 1997. The DD Form 214 he was issued appears to properly lists zero foreign service credit as evidenced in item 5 of his DA Form 2-1.
2. He did not provide any evidence to show he served in Kuwait during his period of active duty. Therefore, without evidence to the contrary, he is not entitled to correction of any of his DD Forms 214 to show he served in Kuwait.
3. If he has copies of deployment orders or any documentation showing his specific period of service in Kuwait, he may reapply to the Board.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ __X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20130021649
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ABCMR Record of Proceedings (cont) AR20130021649
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