IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003235
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 reflect his service in Kuwait.
2. The applicant states his DD Form 214 fails to show his deployment to Kuwait and it fails to show participation or presence in any campaign or relief effort.
3. The applicant provides a 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 16 August 1995.
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 22 February-1 June 1998 (3 months and
11 days).
4. He was released from active duty on 15 August 1998. His DD Form 214 shows in block 12f (Foreign Service) the entry "000 00 00" indicating no foreign service and in block 18 (Remarks) no entry for any deployments.
5. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for:
a. block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;
b. 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. The applicant's contention that his DD Form 214 should be corrected to reflect his service in Kuwait has been carefully considered.
2. DFAS records confirmed he received HF/IDP and CZTE for service in Kuwait during the period 22 February-1 June 1998. Therefore, his DD Form 214 should be corrected to show 3 months and 11 days of foreign service in block 12f and to document his deployment to Kuwait in block 18.
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. deleting from block 12f of his DD Form 214 the current entry and replacing it with the entry "0000 03 11"; and
b. adding to block 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19980222 - 19990601."
_______ _ _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) AR20140003235
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ABCMR Record of Proceedings (cont) AR20140003235
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